CA AB 10 - Gail Pellerin
Pupils: body shaming model policy and resources.
09/13/2023 - In Assembly. Concurrence in Senate amendments pending.
AB 10, as amended, Lowenthal. Pupils: body shaming model policy and resources. Existing law, the California Healthy Youth Act, states that its purposes include, among others, providing pupils with the knowledge and skills they need to develop healthy attitudes concerning body image.This bill would require the State Department of Education to, on or before June 30, 2025, and in consultation with specified entities and relevant stakeholders, develop and post on its internet website a model policy and resources about body shaming, as defined, and would encourage school districts, county offices of education, and charter schools to inform teachers, staff, parents, and pupils about those resources, as provided.
CA AB 100 - Philip Y. Ting
Budget Acts of 2021 and 2022.
05/04/2023 - Enrolled and presented to the Governor at 11 a.m.
AB 100, Ting. Budget Acts of 2021 and 2022. The Budget Act of 2021 and Budget Act of 2022 made appropriations for the support of state government for the 2021–22 and 2022–23 fiscal years.This bill would amend the Budget Act of 2021 and Budget Act of 2022 by amending and adding items of appropriation and making other changes.The bill would declare that it is to take effect immediately as a Budget Bill.
CA AB 1001 - Matt Haney
Health facilities: behavioral health response.
07/06/2023 - In committee: Set, second hearing. Hearing canceled at the request of author.
AB 1001, as amended, Haney. Health facilities: behavioral health response. Existing law provides for the licensing, regulation, and inspection of various types of health facilities by the State Department of Public Health, including general acute care hospitals. Existing law requires certain building standards and regulations to prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served. Existing law requires specified financial and utilization data to be reported to the department by a hospital at the end of a calendar quarter.Existing law generally makes a violation of the licensure provisions for health facilities a misdemeanor.This bill would require a general acute care hospital to adopt policies for behavioral health personnel to respond to patients with a mental health or substance use crisis. The bill would require that these protocols meet standards established by the department and consist of various parameters such as minimum staffing requirements for behavioral health responses, procedures for response by behavioral health personnel in a timely manner, and annual training, as specified. The bill would require the department to adopt regulations on standards for general acute care hospitals related to behavioral health response. The bill would require all general acute care hospitals to maintain records on each patient who receives care from behavioral health response personnel and the number of hours of services provided for a period of 3 years. The bill would require hospitals to include related data in their quarterly summary utilization data reported to the department. Existing law establishes the Department of Health Care Access and Information, which is responsible for administering various programs with respect to health care professions and establishes various programs to facilitate the expansion of the health care workforce.Existing law authorizes the board of supervisors in each county to establish and maintain a county hospital to provide public health care services within the county. Existing law authorizes the board to prescribe rules for the hospital’s government and management, and to appoint a county physician and other necessary officers and employees of the hospital, as specified.This bill would establish the Behavioral Health Response and Training Fund to provide grants to qualifying applicants for the purpose of funding a new program or supporting an existing program that increases the staffing in general acute care hospitals of direct care personnel who are trained in behavioral health care and behavioral health response or intervention.The bill would also require the department to evaluate the program and report to the Legislature annually.By expanding the scope of a crime under the above paragraphs, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 101 - Philip Y. Ting
Budget Act of 2023.
08/14/2023 - Re-referred to Com. on B. & F.R.
AB 101, as amended, Ting. Budget Act of 2023. This bill would make appropriations for the support of state government for the 2023–24 fiscal year.This bill would declare that it is to take effect immediately as a Budget Bill.
CA AB 102 - Philip Y. Ting
Budget Act of 2023.
06/27/2023 - Enrolled and presented to the Governor at 4:30 p.m.
AB 102, Ting. Budget Act of 2023. The Budget Act of 2023 made appropriations for the support of state government for the 2023–24 fiscal year.This bill would amend the Budget Act of 2023 by amending, adding, and repealing items of appropriation and making other changes.This bill would declare that it is to take effect immediately as a Budget Bill.
CA AB 1020 - Timothy S. Grayson
County Employees Retirement Law of 1937: disability retirement: medical conditions: employment-related presumption.
09/07/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 1020, as amended, Grayson. County Employees Retirement Law of 1937: disability retirement: medical conditions: employment-related presumption. Existing law, the County Employees Retirement Law of 1937, prescribes the rights, benefits, and duties of members of the retirement systems established pursuant to its provisions.Existing law requires, if a safety member, a firefighter member, or a member in active law enforcement who has completed 5 years or more of service develops heart trouble, that the heart trouble be presumed to arise out of and in the course of employment.This bill would require the presumption that the member’s heart trouble arose out of and in the course of employment to be extended following termination of service for a prescribed length of time not to exceed 60 months.Existing law provides that participants in certain membership categories may be entitled to special benefits if the injury that causes their disability arises in the course of their employment. Existing law creates a presumption, for purposes of qualification for disability retirement benefits for specified members, that certain injuries, including, but not limited to, a bloodborne infectious disease or a methicillin-resistant Staphylococcus aureus skin infection, arose out of and in the course of employment. Existing law authorizes the presumption to be rebutted by evidence to the contrary, but unless controverted, the applicable governing board of a public retirement system is required to find in accordance with the presumption.This bill would expand the scope of this presumption to include additional injuries, including post-traumatic stress disorder, tuberculosis, skin cancer, lower back impairments, Lyme disease, hernia, pneumonia, and meningitis, if the injury develops or manifests while a member, as defined, is in a specified job classification, or additionally if the injury develops or manifests within a prescribed length of time following the termination of the member’s employment in the specified job classification. With respect to skin cancer, this bill would additionally require the member to have worked for 3 consecutive months in a calendar year in a specified position for the presumption to apply. With respect to lower back impairments, this bill would additionally require the member to have worked at least 5 years in a specified position that required the member to wear a duty belt as a condition of employment for the presumption to apply. This bill would authorize the presumption relating to these additional injuries to be rebutted by evidence to the contrary, but unless controverted, the applicable governing board of a public retirement system is required to find in accordance with the presumption. The bill would repeal the provisions related to post-traumatic stress disorder on January 1, 2025.The bill would, contingent upon the enactment of SB 623 of the 2023–24 Regular Session, as specified, repeal the provisions related to post-traumatic stress disorder on January 1, 2032.
CA AB 1027 - Cottie Petrie-Norris
Social media platforms: drug safety policies.
09/15/2023 - Enrolled and presented to the Governor at 4 p.m.
AB 1027, Petrie-Norris. Social media platforms: drug safety policies. Existing law, the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020, an initiative measure, grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined. The CCPA requires a business that controls the collection of a consumer’s personal information to inform consumers of the categories of personal information collected, the purposes for which the categories of personal information are collected or used, and the length of time the business intends to retain each category of personal information, as specified.Existing law, the Electronic Communications Privacy Act, generally prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, subpoena, or order for a pen register or trap and trace device, except for emergency situations, as specified. The CCPA grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA.Existing law requires a social media company, as defined, to submit reports, as specified, starting no later than January 1, 2024, to the Attorney General, including, but not limited to, the current version of the terms of service for each social media platform owned or operated by the company, specified categories of content and what policies the social media company has for that platform to address that content, and data related to violations of the terms of service for each platform. Existing law requires the Attorney General to make all terms of service reports submitted pursuant to those provisions available to the public in a searchable repository on its official internet website.This bill would add to those categories of content the distribution of controlled substances.Existing law, until January 1, 2028, requires a social media platform to create and post a policy statement regarding the use of the social media platform to illegally distribute controlled substances, including a general description of its policies and procedures for responding to law enforcement inquiries. Existing law exempts from these requirements a business that generated less than $100,000,000 in gross revenue during the preceding calendar year.This bill would delete the above-described exemption and would require the policy statement to include a general description of the social media platform’s policy on the retention of electronic communication information and policies and procedures governing when a platform proactively shares relevant information pertaining to distribution of a controlled substance, as specified. The bill would require a social media platform to retain content it has taken down or removed for a violation of its policy related to controlled substances, as specified, for a period of 90 days, except when the platform has a good faith belief that the content is related to the offering, seeking, or receiving of gender-affirming health care, gender-affirming mental health care, or reproductive health care that is lawful under California law. The bill would specify that it does not alter the rights or obligations established in any other law, including the Electronic Communications Privacy Act and the California Consumer Privacy Act.
CA AB 1028 - Tina McKinnor
Reporting of crimes: mandated reporters.
08/28/2023 - In committee: Referred to suspense file.
AB 1028, as amended, McKinnor. Reporting of crimes: mandated reporters. Existing law requires a health practitioner, as defined, to make a report to law enforcement when they suspect a patient has suffered physical injury that is inflicted by the person’s own act or inflicted by another where the injury is by means of a firearm, or caused by assaultive or abusive conduct, including elder abuse, sexual assault, or torture. A violation of these provisions is punishable as a misdemeanor.This bill would, on and after January 1, 2025, remove the requirement that a health practitioner make a report to law enforcement when they suspect a patient has suffered physical injury caused by assaultive or abusive conduct, and instead only require that report if the health practitioner suspects a patient has suffered a wound or physical injury inflicted by the person’s own act or inflicted by another where the injury is by means of a firearm, a wound or physical injury resulting from child abuse, or a wound or physical injury resulting from elder abuse.The bill would, on and after January 1, 2025, instead require a health practitioner who suspects that a patient has suffered physical injury that is caused by domestic violence, as defined, to, among other things, provide brief counseling, education, or other support, and a warm handoff, as defined, or referral to local and national domestic violence or sexual violence advocacy services, as specified. The bill would, on and after January 1, 2025, specify that a health practitioner is not civilly or criminally liable for any report that is made in good faith and in compliance with these provisions.This bill would make other conforming changes.Because a violation of these requirements would be a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 1029 - Gail Pellerin
Advance health care directive form.
09/08/2023 - Chaptered by Secretary of State - Chapter 171, Statutes of 2023.
AB 1029, Pellerin. Advance health care directive form. Existing law establishes the requirements for executing a written advance health care directive that is legally sufficient to direct health care decisions. Existing law provides a form that an individual may use or modify to create an advance health care directive. The statutory form includes a space to designate an agent to make health care decisions, as well as optional spaces to designate a first alternate agent and 2nd alternate agent. Existing law defines “health care decision,” as specified. Existing law authorizes an individual to provide an “individual health care instruction” as the individual’s authorized written or oral direction regarding a health care decision for the individual.This bill would clarify that a “health care decision” does not include consent by a patient’s agent, conservator, or surrogate to convulsive treatment, psychosurgery, sterilization, or abortion. The bill would confirm that a voluntary standalone psychiatric advance directive, as defined, may still be executed. The bill would clarify in the statutory advance health care directive form that the individual’s agent may not consent to a mental health facility or consent to convulsive treatment, psychosurgery, sterilization, or abortion for the individual.
CA AB 103 - Philip Y. Ting
Budget Acts of 2021 and 2022.
06/30/2023 - Chaptered by Secretary of State - Chapter 33, Statutes of 2023.
AB 103, Ting. Budget Acts of 2021 and 2022. The Budget Act of 2021 and Budget Act of 2022 made appropriations for the support of state government for the 2021–22 and 2022–23 fiscal years. This bill would amend the Budget Act of 2021 and Budget Act of 2022 by amending and adding items of appropriation and making other changes. The bill would declare that it is to take effect immediately as a Budget Bill.
CA AB 1039 - Freddie Rodriguez
Sexual activity with detained persons.
04/18/2023 - In committee: Set, first hearing. Hearing canceled at the request of author.
AB 1039, as amended, Rodriguez. Sexual activity with detained persons. Existing law makes it a misdemeanor for an employee or officer of a public health facility to engage in sexual activity with a consenting adult who is confined in a health facility. Existing law makes it punishable as either a misdemeanor or a felony for (1) specified individuals, including an employee or officer of a public entity detention facility, to engage in sexual activity with a consenting adult who is confined in a detention facility or (2) an employee with a department, board, or authority under the Department of Corrections and Rehabilitation, as specified, to engage in sexual activity with a consenting adult who is an inmate, ward, or parolee. For purposes of those provisions, “sexual activity” includes the rubbing or touching of the breasts or sexual organs, as specified.This bill would change the definition of sexual activity to also include the touching of the anus, groin, or buttocks. The bill would repeal the punishment for an employee or officer of a public health facility who engages in sexual activity with a consenting adult who is confined in a health facility and instead make those actions punishable either as a misdemeanor or a felony, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 104 - Philip Y. Ting
Budget Acts of 2022 and 2023.
09/13/2023 - Re-referred to Com. on B. & F.R.
AB 104, as amended, Ting. Budget Acts of 2022 and 2023. The Budget Act of 2022 and the Budget Act of 2023 made appropriations for the support of state government for the 2022–23 and 2023–24 fiscal years.This bill would amend the Budget Act of 2022 and the Budget Act of 2023 by amending and adding items of appropriation and making other changes.This bill would declare that it is to take effect immediately as a Budget Bill.
CA AB 1055 - Jasmeet Bains
Alcohol drug counselors.
03/02/2023 - Referred to Coms. on B. & P. and HEALTH.
AB 1055, as introduced, Bains.
Alcohol drug counselors.
Existing law requires the State Department of Health Care Services to license and regulate adult alcoholism or drug abuse recovery or treatment facilities. Existing law also requires the department to require that an individual providing counseling services within a program be certified by a certifying organization approved by the department. Existing law authorizes the department to charge a fee to all programs for licensure or certification by the department, and establishes the Residential and Outpatient Program Licensing Fund to hold these fees.This bill would create, upon appropriation by the Legislature, the Allied Behavioral Health Board within the Department of Consumer Affairs. The bill would require the board to establish regulations and standards for the licensure of alcohol drug counselors, as specified. The bill would authorize the
board to collaborate with the Department of Health Care Access and Information regarding behavioral health professions, review sunrise review applications for emerging behavioral health license and certification programs, and refer complaints regarding behavioral health workers to appropriate agencies, as specified. The bill would require an applicant to satisfy certain requirements, including, among other things, possession of a master’s degree in alcohol and drug counseling or a related counseling master’s degree, as specified. The bill would, commencing 18 months after the board commences approving licenses, impose additional requirements on an applicant, including completion of a supervised practicum from an approved educational institution, and documentation that either the applicant is certified by a certifying organization or the applicant has completed 2,000 hours of postgraduate supervised work experience. The bill would impose requirements related to continuing education and discipline of
licensees. The bill would prohibit a person from using the title of “Licensed Alcohol Drug Counselor” unless the person has applied for and obtained a license from the board, and would make a violation of that provision punishable by an administrative penalty not to exceed $10,000.The bill would specify that it does not require a person employed or volunteering at an outpatient treatment program or residential treatment facility certified or licensed by the State Department of Health Care Services to be licensed by the board. The bill would require the board to establish fees for licensure, as specified, and would revert all unencumbered funds appropriated from fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors to that fund.Existing law requires, by December 31, 2025, the State
Department of Health Care Services to adopt regulations to implement changes made by legislation during the 2021–22 Legislative Session relating to the qualifications and registration or certification of personnel working within alcoholism or drug abuse recovery and treatment programs licensed, certified, or funded under state law.This bill would instead require the State Department of Health Care Services to adopt those regulations by December 31, 2027.
CA AB 1057 - Akilah Faizah Weber
California Home Visiting Program.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 1057, Weber. California Home Visiting Program. Existing law establishes the State Department of Public Health, which is responsible for various programs relating to the health and safety of people in the state. Existing law requires the department, to the extent resources are available, to maintain a program of maternal and child health that includes the provision of educational, preventative, diagnostic, and treatment services, including medical care, hospitalization and other institutional care and aftercare, appliances and facilitating services directed toward reducing infant mortality, and improving the health of mothers and children.This bill would establish within the Health and Safety Code the California Home Visiting Program, a voluntary maternal, infant, and early childhood program originally created administratively, under which the State Department of Public Health provides funds to local health departments to support pregnant people and parents with young children who live in communities that face greater risks and barriers to achieving positive maternal and child health outcomes, as provided.
CA AB 1071 - Joshua Hoover
Teen dating violence prevention education: online information and resources.
07/11/2023 - Enrolled and presented to the Governor at 3 p.m.
AB 1071, Hoover. Teen dating violence prevention education: online information and resources. Existing law requires each educational institution in the state to have a written policy on sexual harassment and to display that policy in a prominent location, as defined, in the main administrative building or other area of the educational institution’s campus or schoolsite. Existing law requires a copy of that policy, as it pertains to pupils, to be provided as part of any orientation program conducted for new and continuing pupils at the beginning of each quarter, semester, or summer session, as applicable. Existing law requires each schoolsite in a school district, county office of education, or charter school, serving pupils in any of grades 9 to 12, inclusive, to create a poster that notifies pupils of that policy and to prominently and conspicuously display the poster in each bathroom and locker room at the schoolsite, as provided.Existing law requires the Superintendent of Public Instruction to post, and annually update, on the State Department of Education’s internet website, and provide to each school district, a list of statewide resources, including community-based organizations, that provide support to youth and their families who have been subjected to school-based discrimination, harassment, intimidation, or bullying, including school-based discrimination, harassment, intimidation, or bullying on the basis of religious affiliation, nationality, race, or ethnicity, or perceived religious affiliation, nationality, race, or ethnicity. Existing law requires the department’s internet website to also include a list of statewide resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home, at school, and in the community.This bill would require the department to make (1) resources on abuse, including sexual, emotional, and physical abuse, and teen dating violence prevention for professional learning purposes, (2) information about local and national hotlines and services for youth experiencing teen dating violence, and (3) other relevant materials for parents, guardians, and other caretakers of pupils, available on its internet website.
CA AB 1078 - Corey A. Jackson
Instructional materials and curriculum: diversity.
09/07/2023 - Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling.
AB 1078, as amended, Jackson. Instructional materials and curriculum: diversity. (1) Existing law, the Safe Place to Learn Act, requires the State Department of Education, as part of its regular monitoring and review of a local educational agency, to assess whether the local educational agency has, among other things, adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on specified protected characteristics.This bill would require that policy to include a statement that the policy applies to all acts of the governing board or body of the local educational agency, the superintendent of the school district, and the county superintendent of schools in enacting policies and procedures that govern the local educational agency. Because this provision would impose an additional requirement on local educational agency officials, the bill would create a state-mandated local program. The bill would require the department, no later than July 1, 2025, to develop guidance and public educational materials to ensure that all Californians can access information about educational laws and policies that safeguard the right to an accurate and inclusive curriculum.(2) Existing law requires, as a condition of receipt of specified funds for instructional materials, the governing board of a school district to take specified actions, including holding a public hearing or hearings and making a determination, through a resolution, as to whether each pupil in each school in the school district has sufficient textbooks and instructional materials aligned to specified content standards. Upon a determination that there are insufficient textbooks or instructional materials, existing law requires the governing board to take action, as provided, to ensure that each pupil has sufficient textbooks or instructional materials within 2 months of the beginning of the school year in which the determination is made. If the county superintendent determines that a school does not have sufficient textbooks or instructional materials in accordance with this public hearing process, existing law requires the county superintendent to provide the school district with the opportunity to remedy the deficiency. If the deficiency is not remedied, existing law requires the county superintendent to request the department, with approval by the State Board of Education, to purchase textbooks or instructional materials for the school, as provided.If a governing board of a school district makes the above-described determination, by resolution, that there are insufficient textbooks or instructional materials, this bill would require the governing board to submit a copy of that resolution to the county superintendent of schools no later than 3 business days after the governing board hearing.(3) Existing law requires a school district to use its uniform complaint process to help identify and resolve any deficiencies related to, among other things, instructional materials, and to report summarized data on unresolved complaints to the county superintendent of schools. Existing law requires a complaint under these provisions to be filed with the principal of the school or the principal’s designee. Existing law requires the principal or the designee of the district superintendent to make all reasonable efforts to investigate any problem within their authority and to remedy a valid complaint within a reasonable time period, as specified. Existing law authorizes the complainant to appeal to the Superintendent of Public Instruction and requires the Superintendent to provide a written report to the state board describing the basis for the complaint and, as appropriate, a proposed remedy.This bill would authorize a complaint that more than one pupil does not have sufficient textbooks or instructional materials, as a result of an act or omission by the governing board of a school district, to be filed directly with the Superintendent. The bill would authori
CA AB 1104 - Mia Bonta
Corrections and rehabilitation: sentencing.
09/07/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 1104, as amended, Bonta. Corrections and rehabilitation: sentencing. Under existing law, the Legislature finds and declares that the purpose of sentencing is public safety achieved through punishment, rehabilitation, and restorative justice, and that programs should be available for incarcerated persons, including educational, rehabilitative, and restorative justice programs that are designed to promote behavior change and to prepare all eligible offenders for successful reentry into the community.This bill would make legislative findings and declarations relating to corrections and rehabilitation, including that the deprivation of liberty satisfies the punishment purpose of sentencing. The bill would require the Department of Corrections and Rehabilitation to facilitate access for community-based programs in order to meaningfully effectuate the principles outlined in the findings and declarations.This bill would incorporate additional changes to Section 1170 of the Penal Code proposed by SB 852 to be operative only if this bill and SB 852 are enacted and this bill is enacted last.
CA AB 1107 - Devon John Mathis
Workers’ compensation: presumptive injuries.
03/02/2023 - Referred to Com. on INS.
AB 1107, as introduced, Mathis.
Workers’ compensation: presumptive injuries.
Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law provides, until January 1, 2025, that, for certain peace officers, including specified correctional officers of the Department of Corrections and Rehabilitation, the term “injury” includes post-traumatic stress that develops or manifests during a period in which the injured person is in the service of the department or unit. Existing law requires the compensation awarded pursuant to this provision to include full hospital, surgical, medical treatment, disability indemnity, and death benefits. This bill would, for injuries occurring on or after January 1, 2024, make that provision applicable to additional members and
employees of the Department of Corrections and Rehabilitation, including members of the Office of Correctional Safety or the Office of Internal Affairs.
CA AB 1109 - Ash Kalra
Product sales: sodium nitrite.
09/07/2023 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 0.).
AB 1109, as amended, Connolly. Product sales: sodium nitrite. Existing law prohibits the sale and distribution of certain consumer products that include chemicals such as phthalates, polybrominated diphenyl ether, and perfluoroalkyl and polyfluoroalkyl substances. Existing law prohibits the sale of certain products to persons under 21 years of age, such as alcohol and tobacco, among others. Existing law, the California Age-Appropriate Design Code Act, requires, beginning July 1, 2024, a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements. On or after July 1, 2014, this bill, to be known as Tyler’s Law, would prohibit a person, retailer, or online marketplace from selling sodium nitrite to a person under 18 years of age and sodium nitrite in concentrations greater than 10% to a person 18 years of age or older. The bill would establish a defense to the former prohibition if the purchaser acknowledged before purchase they were at least 18 years of age through an effective system, as specified, and the person, retailer, or online marketplace took all reasonable precautions and exercised due diligence to ensure the product would be sold and delivered to a person at least 18 years of age, or the purchaser acknowledged before purchase they were at least 18 years of age and the person, retailer, or online marketplace complies with the requirements of the California Age-Appropriate Design Code Act. The bill would exclude from these provisions the sale of sodium nitrite to a business.
CA AB 1110 - Joaquin Arambula
Public health: adverse childhood experiences.
09/01/2023 - In committee: Held under submission.
AB 1110, as amended, Arambula. Public health: adverse childhood experiences. Existing law requires the Office of the Surgeon General to, among other things, raise public awareness and coordinate policies governing scientific screening and treatment for toxic stress and adverse childhood experiences (ACEs).This bill would, subject to an appropriation and until January 1, 2027, require the office and the State Department of Health Care Services, while administering the ACEs Aware initiative and in collaboration with subject matter experts, to review available literature on ACEs, as defined, and ancestry or ethnicity-based data disaggregation practices in ACEs screenings, develop guidance for culturally and linguistically competent ACEs screenings through improved data collection methods, post the guidance on the department’s internet website and the ACEs Aware internet website, and make the guidance accessible, as specified. The bill would make legislative findings and declarations.
CA AB 1120 - Jesse Gabriel
Pupil health: mental health screenings.
03/30/2023 - In committee: Set, first hearing. Hearing canceled at the request of author.
AB 1120, as amended, Gabriel. Pupil health: mental health screenings. Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for this purpose. Existing law requires a school of a school district or county office of education and a charter school to notify pupils and parents or guardians of pupils no less than twice during the school year on how to initiate access to available pupil mental health services on campus or in the community, or both, as provided.This bill would require a school district, county office of education, state special school, or charter school that serves pupils in grades 6 to 12, inclusive, to, in consultation with school and community stakeholders, school-employed mental health professionals, and behavioral health experts, and before an unspecified school year, adopt a policy on universal mental health screening of pupils for youth behavioral disorders, as defined, in grades 6 to 12, inclusive, as provided. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 1124 - Evan Low
Department of Managed Health Care: employee assistance programs.
05/18/2023 - In committee: Held under submission.
AB 1124, as amended, Low. Department of Managed Health Care: employee assistance programs. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, establishes the Department of Managed Health Care to ensure that health care service plans provide enrollees with access to quality health care services and to protect and promote the interests of enrollees.This bill would require the department to create a report that, among other things, examines and analyzes limitations to employee access to behavioral health for employee assistance programs, as defined, and makes related findings and recommendations. The bill would require the department to issue the report to specified members and committees of the Legislature and to post the report on the department’s public internet website no later than June 30, 2024.
CA AB 1130 - Marc Berman
Substance use disorder.
06/29/2023 - Chaptered by Secretary of State - Chapter 21, Statutes of 2023.
AB 1130, Berman. Substance use disorder. Existing law, the California Uniform Controlled Substances Act, regulates the distribution and use of controlled substances, as defined. Under the act, the State Department of Health Care Services is responsible for the administration of prevention, treatment, and recovery services for alcohol and drug abuse. Existing law, the Medical Practice Act, provides for the licensing and regulation of physicians and surgeons by the Medical Board of California. Existing law authorizes a physician and surgeon to prescribe, dispense, or administer prescription drugs, including prescription controlled substances, to an addict under their treatment for a purpose other than maintenance on, or detoxification from, prescription drugs or controlled substances and under specified conditions to an addict for purposes of maintenance on, or detoxification from, prescription drugs or controlled substances.This bill would revise and recast these provisions, among others, to delete the reference to an “addict” and instead replace it with the term “a person with substance use disorder,” among other technical nonsubstantive changes.
CA AB 1138 - Anthony J. Portantino Jr.
Postsecondary education: sexual assault and sexual violence prevention: medical examinations transportation services.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 1138, Weber. Postsecondary education: sexual assault and sexual violence prevention: medical examinations transportation services. Existing law requires the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, to the extent feasible, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.As a condition of receiving state funds for student financial assistance, this bill would require the trustees and the regents to ensure, to the extent feasible, that a student who seeks support after experiencing sexual violence receives information about the student’s options and rights to obtain a sexual assault forensic medical examination, as specified, and commencing with the 2025–26 school year, to the extent practicable and necessary, to provide to their students without charge and in a manner that protects student confidentiality, transportation to and from a local Sexual Assault Forensic Examination (SAFE) or Sexual Abuse Response Team (SART) exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit, as provided. The bill would require, on or before June 30, 2026, and biennially thereafter, as a condition of receiving state financial assistance funds, the trustees and the regents to submit a report to the Legislature on whether their respective institutions have provided transportation for students to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit and the manner in which students received the transportation.
CA AB 114 - House Budget Committee
Education finance: education omnibus budget trailer bill.
08/14/2023 - Re-referred to Com. on B. & F.R.
AB 114, as amended, Committee on Budget. Education finance: education omnibus budget trailer bill. (1) Existing law establishes a public school financing system that requires state funding for school districts, county offices of education, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires the Superintendent of Public Instruction to annually calculate a county local control funding formula for each county superintendent of schools that includes, among other things, an alternative education grant, as specified. Existing law includes, among other things, a base grant based upon average daily attendance as a component of that alternative education grant.This bill would revise the alternative education grant by, among other things, increasing the base grant component of the alternative education grant, revising the calculation of average daily attendance for purposes of the alternative education grant, as specified, and establishing add-ons of $200,000 for each county office of education that operates a juvenile court school and $200,000 for each county office of education that operates a county community school. The bill would require the Superintendent to allocate $3,000 per unit of average daily attendance for a Student Support and Enrichment Block Grant, as provided. The bill would make these provisions applicable commencing with the 2023–24 fiscal year.(2) Existing law, commencing with the 2018–19 fiscal year, requires the Superintendent to add $200,000 and other specified amounts, that are dependent upon the number and size of school districts under its jurisdiction and that are determined to be in need of differentiated assistance, to a county superintendent of school’s local control funding formula allocation, as specified.This bill, commencing with the 2023–24 fiscal year, would increase the above-described add-on by $100,000.(3) Existing law, commencing with the 2015–16 fiscal year, requires the Superintendent to add $2,000,000 to the Los Angeles County Office of Education’s local control funding formula allocation for the purpose of supporting statewide professional development and leadership training for education professionals related to antibias education and the creation of inclusive and equitable schools.This bill would, commencing with the 2023–24 fiscal year, increase that add-on for the Los Angeles County Office of Education by $1,000,000 to instead be $3,000,000.(4) The Early Education Act requires the Superintendent to administer the California state preschool program. The act also requires the Superintendent, in consultation with the Director of Social Services and the executive director of the State Board of Education, to convene a statewide interest holder workgroup to provide recommendations on best practices for increasing access to high-quality universal preschool programs for 3- and 4-year-old children offered through a mixed-delivery model that provides equitable learning experiences across a variety of settings. The act requires the Superintendent, in consultation with the director, to provide a report to the appropriate fiscal and policy committees of the Legislature and the Department of Finance with the recommendations of the workgroup no later than January 15, 2023.This bill would delay the reporting of those recommendations described above to instead be no later than March 31, 2024.(5) Existing law establishes the California Prekindergarten Planning and Implementation Grant Program as a state early learning initiative with the goal of expanding access to classroom-based prekindergarten programs. Existing law appropriates $300,000,000 from the General Fund to the State Department of Education in both the 2021–22 fiscal year and the 2022–23 fiscal year for allocation to local educational agencies as base grants, enrollment grants, and supplemental grants, as specified.The bill would authorize the department to allocate or prorate un
CA AB 1145 - Brian K. Maienschein
Workers’ compensation.
10/08/2023 - Vetoed by Governor.
AB 1145, Maienschein. Workers’ compensation. Under existing law, a person injured in the course of employment is generally entitled to receive workers’ compensation on account of that injury. Existing law, until January 1, 2025, provides that, in the case of certain state and local firefighting personnel and peace officers, the term “injury” includes post-traumatic stress disorder that developed or manifested during a period while the member is in the service of the department or unit, and establishes a disputable presumption in this regard. This bill would provide, only until January 1, 2030, that in the case of certain state nurses, psychiatric technicians, and various medical and social services specialists, the term “injury” also includes post-traumatic stress that develops or manifests itself during a period in which the injured person is in the service of the department or unit. The bill would apply to injuries occurring on or after January 1, 2024. The bill would prohibit compensation from being paid for a claim of injury unless the member has performed services for the department or unit for at least 6 months, unless the injury is caused by a sudden and extraordinary employment condition.
CA AB 1147 - Eduardo Garcia
Disability Equity and Accountability Act of 2023.
09/13/2023 - Ordered to inactive file at the request of Senator Menjivar.
AB 1147, as amended, Addis. Disability Equity and Accountability Act of 2023. The Lanterman Developmental Disabilities Services Act makes the State Department of Developmental Services responsible for providing various services and supports to individuals with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. Pursuant to that law, the department contracts with regional centers to provide services and supports to persons with developmental disabilities.This bill would enact the Disability Equity and Accountability Act of 2023, which would make various changes to the act for purposes including providing increased oversight of regional center operations and performance. The bill would require an evaluation of regional center performance by the department, which would be implemented using a common set of performance measures. The bill would require the department to establish standards, consisting of benchmarks above which indicate good performance and minimum benchmarks below which a regional center shall undertake efforts to improve, for these performance measures, as specified, by July 1, 2025. The bill would require the department, in consultation with stakeholders, including consumers and family members, to annually establish, update, and review these benchmarks.Existing law requires the department, in consultation with stakeholders, to identify a valid and reliable quality assurance instrument that assesses consumer and family satisfaction, provision of services in a linguistically and competent manner, and personal outcomes, as specified.This bill would require the department by March 1, 2025, to advise the Legislature describing the extent to which the requirements of this section have been met, including the surveying of all consumers, including those who have not purchased services, and providing specific steps and the schedule by which these requirements will be met.Existing law declares the intent of the Legislature to ensure that the individual program plan (IPP) and provision of services and supports by the regional center system is centered on the individual and the family of the individual with developmental disabilities and takes into account the needs and preferences of the individual and the family, as prescribed. Existing law requires an IPP to be developed for any person who, following intake and assessment, is found to be eligible for regional center services, and requires these plans to be completed within 60 days of the completion of the assessment, as specified.This bill also would declare the intent of the Legislature to ensure that goals in any plan allow for innovation and nontraditional service delivery, as specified. The bill would require the service coordinator, as part of the initial IPP meeting and each review of the IPP, as specified, to provide the consumer or, if appropriate, their parents, legal guardian, conservator, or authorized representative, oral and written information about the Self-Determination Program, as prescribed. The bill would require the regional center service coordinator to provide specified information regarding the program within 5 business days of the consumer expressing interest.The bill would revise the criteria applicable to regional center governing boards with which the state contracts, including with respect to training and ongoing support, and executive director performance standards. The bill would require the department to establish and adopt a grievance procedure for governing board members, as specified. The bill also would, beginning on January 1, 2025, make regional centers subject to requirements of the California Public Records Act. Notwithstanding any other law, the bill would require access to records regarding an applicant for, or recipient of, services to be provided, upon request, to the applicant, recipient, or their authorized representative, as specified, unless expressly prohibited by law.T
CA AB 1148 - Mia Bonta
Child support suspension.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 1148, Bonta. Child support suspension. Existing law suspends, by operation of law, a money judgment or order for support of a child for any period exceeding 90 consecutive days in which the person ordered to pay support is incarcerated or involuntarily institutionalized unless the person owing support has the means to pay while incarcerated or involuntarily institutionalized. Under existing law, the obligation resumes on the first day of the first full month after the release of the person owing support in the amount previously ordered.This bill would instead require the child support obligation to resume on the first day of the 10th month after the release of the person from incarceration or involuntary institutionalization for persons who are released on or after January 1, 2024. The bill would authorize the person to whom the support is owed or the local child support agency to seek a court order reinstating child support obligations at the amount determined by a court.
CA AB 1157 - Lori D. Wilson
Rehabilitative and habilitative services: durable medical equipment and services.
09/01/2023 - In committee: Held under submission.
AB 1157, as amended, Ortega. Rehabilitative and habilitative services: durable medical equipment and services. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, requires the Department of Managed Health Care to license and regulate health care service plans and makes a willful violation of the act a crime. Other existing law requires the Department of Insurance to regulate health insurers. Existing law requires an individual or small group health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2017, to include, at a minimum, coverage for essential health benefits pursuant to the federal Patient Protection and Affordable Care Act. Under existing law, essential health benefits includes, among other things, rehabilitative and habilitative services. Existing law requires habilitative services and devices to be covered under the same terms and conditions applied to rehabilitative services and devices under the plan contract or policy, and defines habilitative services to mean health care services and devices that help a person keep, learn, or improve skills and functioning for daily living.This bill would specify that coverage of rehabilitative and habilitative services and devices under a health care service plan or health insurance policy includes durable medical equipment, services, and repairs, if the equipment, services, or repairs are prescribed or ordered by a physician, surgeon, or other health professional acting within the scope of their license. The bill would define “durable medical equipment” to mean devices, including replacement devices, that are designed for repeated use, and that are used for the treatment or monitoring of a medical condition or injury in order to help a person to partially or fully acquire, improve, keep, or learn, or minimize the loss of, skills and functioning of daily living. The bill would prohibit coverage of durable medical equipment and services from being subject to financial or treatment limitations, as specified.The bill would require the Secretary of California Health and Human Services to communicate to the federal Center for Consumer Information and Insurance Oversight that the coverage of durable medical equipment is necessary to comply with federal requirements for purposes of being considered essential health benefits not subject to defrayal payments. If the center overrules the state’s determination that the additional coverage subjects the state to defrayal payments, the bill would require the secretary to reevaluate California’s essential health benefits benchmark plan to incorporate the coverage without triggering the defrayal requirement. The bill would require the secretary, no later than one year after the center makes its determination, to submit a report to the Legislature recommending the corresponding changes to the essential health benefits benchmarking process in order for the Legislature to approve submission of a new benchmark plan proposal to the center. Because a violation of the bill’s provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 1163 - Sabrina Cervantes
Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 1163, Luz Rivas. Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act. Existing law, The Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act, requires prescribed state entities, including the State Department of Health Care Services and the Civil Rights Department, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation and gender identity, except as specified. Existing law prohibits these state entities from reporting demographic data that would permit identification of individuals or would result in statistical unreliability and limits the state entities’ use of the information provided, as specified. Existing law requires the state entities to report to the Legislature specified information related to the data and make the data available to the public, except for personally identifiable information. Existing law deems personally identifiable information confidential and prohibits disclosure of that information.This bill would add intersexuality to the voluntary self-identification information to be collected, would apply these provisions to additional state entities, and would require these state entities to comply with these provisions as early as possible following January 1, 2025, but no later than July 1, 2026.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
CA AB 1165 - Kevin Michael McCarty
Pupil discipline: racist bullying, harassment, or intimidation: restorative justice practice.
06/29/2023 - Chaptered by Secretary of State - Chapter 22, Statutes of 2023.
AB 1165, McCarty. Pupil discipline: racist bullying, harassment, or intimidation: restorative justice practice. Existing law prohibits a pupil from being suspended from school or recommended for expulsion unless the superintendent of the school district or principal of the school determines that the pupil has committed any of various specified acts. Existing law requires suspension to only be imposed when other means of correction, including, but not limited to, participation in a restorative justice program, fail to bring about proper conduct, except that the suspension of a pupil for a first offense is authorized if the principal or superintendent of schools determines that the pupil violated one of a certain subset of those enumerated acts or that the pupil’s presence causes a danger to persons.This bill would, for a pupil who has been suspended, or for whom other means of correction have been implemented, for an incident of racist bullying, harassment, or intimidation, encourage local educational agencies to have both the victim and perpetrator engage in a restorative justice practice that is found to suit the needs of both the victim and the perpetrator. The bill would encourage local educational agencies to regularly check on the victim of the racist bullying, harassment, or intimidation to ensure that the victim is not in danger of suffering from long-lasting mental health issues, and would also encourage local educational agencies to require perpetrators to engage in culturally sensitive programs, as provided.
CA AB 117 - House Budget Committee
Higher education trailer bill.
08/14/2023 - Re-referred to Com. on B. & F.R.
AB 117, as amended, Committee on Budget. Higher education trailer bill. (1) Existing law establishes the Higher Education Student Housing Grant Program to provide one-time grants for the construction of student housing or for the acquisition and renovation of commercial properties into student housing for the purpose of providing affordable, low-cost housing options for students enrolled in public postsecondary education in the state. Existing law appropriates $1,434,133,000 for the 2022–23 fiscal year from the General Fund for the Higher Education Student Housing Grant Program for purposes of the one-time grants described above.This bill, commencing with the 2023–24 fiscal year, would require specified funding previously allocated, or planned to be allocated, to the University of California, the California State University, and the California Community Colleges for those construction grants to instead be funded by revenue bonds issued by the University of California and the California State University, and local revenue bonds issued by community college districts. The bill would require any General Fund support for those grants provided to the campuses of the University of California, the California State University, and the California Community Colleges to revert to the General Fund. The bill would eliminate the 2022–23 fiscal year General Fund appropriation for the Higher Education Student Housing Grant Program.(2) Existing law appropriates $650,000,000 from the General Fund to the office of the Chancellor of the California Community Colleges for transfer to the Learning Recovery Emergency Fund. Existing law requires the chancellor’s office to allocate those funds to community college districts on the basis of actual reported full-time equivalent students, as provided. Existing law authorizes the funds to be expended for certain purposes related to the impact of the COVID-19 pandemic, including student supports, reengagement strategies, faculty grants, and professional development opportunities.This bill would authorize the funds in the Learning Recovery Emergency Fund to be used for additional purposes, including scheduled maintenance and special repairs of facilities and efforts to increase student retention rates and enrollment by engaging former community college students who may have withdrawn due to the impacts of the COVID-19 pandemic.(3) Existing law, until June 30, 2023, authorizes the University of California to provide a scholarship as established by the university or a campus of the university, derived from nonstate funds received for that purpose, to any of its enrolled students who meet the eligibility requirements for that scholarship.This bill would extend that authorization by 4 years.(4) Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.Existing law requires each campus of the California Community Colleges, no later than July 1, 2022, to establish the position of Basic Needs Coordinator to assist students with on- and off-campus housing, food, mental health, and other basic needs services and resources, among other responsibilities, and to establish a Basic Needs Center where basic needs services, resources, and staff are made available to students, as specified. Existing law requires each community college campus to report certain information to the office of the Chancellor of the California Community Colleges related to basic needs services and resources. Existing law requires the chancellor’s office to annually develop and submit a report to the Governor and the Legislature based on the data and information received from campuses and information on the use of funds made available to implement these provisions.This bill would require each community college campus to report addit
CA AB 118 - House Budget Committee
Budget Act of 2023: health.
06/27/2023 - Enrolled and presented to the Governor at 4:30 p.m.
AB 118, Committee on Budget. Budget Act of 2023: health. (1) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law requires a health care service plan to provide disclosures regarding the benefits, services, and terms of the plan contract, as specified, to provide the public, subscribers, and enrollees with a full and fair disclosure of the provisions of the plan.This bill would require the department to develop standard templates for the disclosure form and evidence of coverage, to include, among other things, standard definitions, benefit descriptions, and any other information that the director determines, consistent with the goals of providing fair disclosures of the provisions of a health care service plan. The bill would require the department to consult with the Department of Insurance and interested stakeholders in developing the standard templates. The bill would require health care service plans, beginning January 1, 2025, to use the standard templates for any disclosure form or evidence of coverage published or distributed, except as specified. Because a willful violation of these requirements is a crime, the bill would impose a state-mandated local program.This bill would authorize the department to develop standard templates for a schedule of benefits, an explanation of benefits, a cost-sharing summary, or any similar document. The bill would authorize the department to require health care service plans to use the standard templates, except as specified, and would authorize the director to require health care service plans to submit forms the health care service plan created based on the department’s templates for the purpose of compliance review. The bill would additionally specify that the department may implement these provisions by issuing and modifying templates and all-plan letters or similar instructions, without taking regulatory action. The bill would also update cross-references in various provisions.(2) Existing law requires a health care service plan contract or disability insurance policy to cover mental health and substance use disorder treatment, including medically necessary treatment of a mental health or substance use disorder provided by an in-network or out-of-network 988 center or mobile crisis team. Existing law prohibits a health care service plan or insurer from requiring prior authorization for medically necessary treatment of a mental health or substance use disorder provided by a 988 center or mobile crisis team.This bill would instead specify that mental health and substance use disorder treatment includes behavioral health crisis services that are provided by a 988 center, mobile crisis team or other provider of behavioral health crisis services. The bill would prohibit a health care service plan or health insurer from requiring prior authorization for behavioral health crisis stabilization services and care, but would authorize prior authorization for medically necessary mental health or substance use disorder services following stabilization from a behavioral health crisis addressed by services provided through the 988 system.This bill would require a health care service plan or health insurer that is contacted by a 988 center, mobile crisis team, or other provider of behavioral health crisis services to, within 30 minutes of initial contact, either authorize poststabilization care or inform the provider that it will arrange for the prompt transfer of the enrollee’s care to another provider. The bill would require the plan or insurer to reimburse a provider for poststabilization care in specified circumstances, including if the plan or insurer did not respond within 30 minutes to authorize care or arrange for transfer. The bill would require a plan or insurer to prominently display on its internet w
CA AB 1186 - Mia Bonta
Juveniles: restitution.
09/06/2023 - Ordered to inactive file at the request of Senator Becker.
AB 1186, as amended, Bonta. Juveniles: restitution. Existing law establishes the jurisdiction of the juvenile court over minors who are between 12 and 17 years of age, inclusive, who have violated a federal, state, or local law or ordinance, as specified, and over minors under 12 years of age who have been alleged to have committed specified crimes. Existing law authorizes a juvenile court to adjudge a person under these circumstances to be a ward of the court. Existing law authorizes a court, upon adjudicating a person to be a ward of the court, to require the minor to pay restitution to the victim or victims.This bill would remove the ability of the court to require the minor to pay monetary restitution to the victim. The bill would authorize the court to instead order the minor to make nonmonetary restitution by participating in a community-based restoration program, performing community service, or participating in an educational, employment, youth development, or mental health program, as specified. The bill would require the court to determine the amount of economic loss suffered as a result of the minor’s conduct and issue a restitution order, which would then be transmitted to the California Victim Compensation Board. The bill would require the California Victim Compensation Board, upon appropriation by the Legislature for these purposes, to compensate the victim for the amount in the order.Existing law, for the purposes of determining victims for compensation from a ward, defines a victim for these purposes as including, among other things, a governmental entity responsible for repairing privately owned property that has been defaced or a corporation, partnership, association, government, or other legal or commercial entity when that entity is a direct victim of the crime.This bill would remove those entities from the definition of victim.The bill would additionally make other conforming changes.
CA AB 1187 - Sharon Quirk-Silva
California Victim Compensation Board: reimbursement for personal or technological safety devices or services.
09/12/2023 - Enrolled and presented to the Governor at 2 p.m.
AB 1187, Quirk-Silva. California Victim Compensation Board: reimbursement for personal or technological safety devices or services. Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, which is continuously appropriated to the board. Existing law authorizes the board to grant for pecuniary loss, when the board determines that it will best aid the person seeking compensation, as specified. Existing law authorizes the board to reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center and family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, subject to specified criteria.This bill would also authorize the board to reimburse the expense of counseling services provided by a Certified Child Life Specialist, certified by the Association of Child Life Professionals, who provides counseling under the supervision of a licensed provider, subject to the board’s approval, as specified. By expanding the authorizations for use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation.
CA AB 1194 - Wendy Maria Carrillo
California Privacy Rights Act of 2020: exemptions: abortion services.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 1194, Wendy Carrillo. California Privacy Rights Act of 2020: exemptions: abortion services. Existing law, the California Privacy Rights Act of 2020 (CPRA), approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to require the business to delete personal information about the consumer, as specified, unless those obligations restrict a business’s ability to, among other things, comply with federal, state, or local laws or comply with a court order or subpoena to provide information, or cooperate with a government agency request for emergency access to a consumer’s personal information if a natural person is at risk or danger of death or serious physical injury, as provided.This bill would, if the consumer’s personal information contains information related to accessing, procuring, or searching for services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services, require a business to comply with the obligations imposed by the CPRA unless the personal information is used for specified business purposes, as defined, is only retained in aggregated and deidentified form, and is not sold or shared. The bill would specify that the requirement to comply without regard to the above-described exceptions does not alter the duty to preserve or retain evidence in an ongoing civil proceeding. The bill would further specify that a consumer accessing, procuring, or searching for those services does not constitute a natural person being at risk or danger of death or serious physical injury. The bill would also make nonsubstantive conforming changes.The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified.This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
CA AB 1199 - Blanca E. Rubio
Music therapy.
02/17/2023 - From printer. May be heard in committee March 19.
AB 1199, as introduced, Blanca Rubio.
Music therapy.
Existing law prohibits a person who provides music therapy from using the title of “Board Certified Music Therapist” unless the person has completed specified education and clinical training requirements. Existing law defines “music therapy” as the clinical and evidence-based use of music therapy interventions in developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational settings to address physical, emotional, cognitive, and social needs of individuals within a therapeutic relationship, and specifies activities that music therapy includes.This bill would make a nonsubstantive change to that definition.
CA AB 120 - House Budget Committee
Human services.
06/27/2023 - Enrolled and presented to the Governor at 4:30 p.m.
AB 120, Committee on Budget. Human services. (1) Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, including group home facilities, short-term residential therapeutic programs (STRTPs), and adult residential facilities (ARFs), by the State Department of Social Services. Under existing law, the department similarly regulates residential care facilities for the elderly. A violation of provisions relating to these facilities is a misdemeanor. Existing law requires administrators of these facilities, with specified exemptions, to complete a department-approved certification program, uniformly referred to as administrator certification training programs. Under existing law, these programs require a specified minimum number of hours, depending on the facility type, of classroom instruction that provides training on a uniform core of knowledge in specified areas. Existing law also requires administrator certificates to be renewed every 2 years, conditional upon the certificate holder submitting documentation of a specified number of hours of continuing education, based on the facility type. Existing law permits up to one-half of the required continuing education hours to be satisfied through online courses, and the remainder to be completed in a classroom instructional setting, as prescribed.This bill would revise those provisions by deleting the classroom instruction requirement for initial certification and continuing education purposes, and instead would require instruction that is conducive to learning and allows participants to simultaneously interact with each other as well as with the instructor. The bill would authorize up to one-half of continuing education hours to be satisfied through self-paced courses, rather than online courses. The bill would make various conforming changes.Existing law authorizes the department to license as ARFs, subject to specified conditions, adult residential facilities for persons with special health care needs (ARFPSHNs), which provide 24-hour services to up to 5 adults with developmental disabilities who have special health care and intensive support needs, as defined. Existing law requires the department to ensure that an ARFPSHN meets specified administrative requirements, including requirements related to fingerprinting and criminal records.This bill additionally would require an ARFPSHN to meet the administrator certification requirements of an ARF, including, but not limited to, completing a department-approved administrator certification training program requiring a designated minimum number of hours of instruction conducive to learning, in which participants are able to simultaneously interact with each other as well as with the instructor, that provides training on the uniform core of knowledge applicable to ARFs, as specified. The bill would require an applicant for an administrator’s certificate to submit an application for certification to the department and pass an examination, as prescribed.Because a violation of the above-described requirements would be a crime, this bill would create a state-mandated local program.Existing law includes within the definition of a community care facility, full-service adoption agencies and noncustodial adoption agencies, both of which are licensed entities authorized to provide specified adoption services. Under existing law, a facility is deemed to be an unlicensed community care facility and maintained and operated to provide nonmedical care if it is unlicensed, not exempt from licensure, and if it satisfies one of several specified conditions, including, among others, performing any of the functions of an adoption agency or holding itself out as performing any of the functions of an adoption agency, as specified. Existing law prohibits the operation of an unlicensed community care facility in the state and makes a violation of these provisions punishable as a misd
CA AB 1202 - Thomas W. Lackey
Medi-Cal: health care services data: children and pregnant or postpartum persons.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 1202, Lackey. Medi-Cal: health care services data: children and pregnant or postpartum persons. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services through various health care delivery systems, including managed care pursuant to Medi-Cal managed care plan contracts. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.Existing law establishes, until January 1, 2026, certain time or distance and appointment time standards for specified Medi-Cal managed care covered services, consistent with federal regulations relating to network adequacy standards, to ensure that those services are available and accessible to enrollees of Medi-Cal managed care plans in a timely manner, as specified. Existing law sets forth various limits on the number of miles or minutes from the enrollee’s place of residence, depending on the type of service or specialty and, in some cases, on the county.This bill would require the department, no later than January 1, 2025, to prepare and submit a report to the Legislature that includes certain information, including an analysis of the adequacy of each Medi-Cal managed care plan’s network for pediatric primary care, including the number and geographic distribution of providers and the plan’s compliance with the above-described time or distance and appointment time standards.Under the bill, the report would also include data, disaggregated as specified, on the number of children and pregnant or postpartum persons who are Medi-Cal beneficiaries receiving certain health care services during the 2021–22, 2022–23, and 2023–24 fiscal years. The report would also include additional information regarding the department’s efforts to improve access to pediatric preventive care, as specified. The bill would require that the report be made publicly available through its posting on the department’s internet website.The bill would repeal these reporting provisions on January 1, 2029.
CA AB 121 - House Budget Committee
Developmental services.
06/27/2023 - Enrolled and presented to the Governor at 4:30 p.m.
AB 121, Committee on Budget. Developmental services. (1) Existing law establishes the State Department of Developmental Services, and vests in the department jurisdiction over various state developmental centers for the provision of care to persons with developmental disabilities. Existing law establishes the State Department of State Hospitals within the California Health and Human Services Agency, and provides the department with jurisdiction over specified facilities for the care and treatment of persons with mental health disorders.Existing law requires that every individual with exceptional needs, as defined, who is eligible be provided with educational instruction, services, or both, at no cost to their parent or guardian or, as appropriate, to them. A free appropriate public education is required to be made available to individuals with exceptional needs in accordance with specified federal regulations adopted pursuant to the federal Individuals with Disabilities Education Act. Existing law recognizes that individuals with exceptional needs of mandated schoolage residing in California’s state hospitals and developmental centers are entitled, under specified federal law, to have the same access to educational programs as is provided for individuals with exceptional needs residing in the community, and establishes contracting and funding provisions for that purpose. Existing law requires the Superintendent of Public Instruction, the Director of Developmental Services, and the Director of State Hospitals to develop written interagency agreements to carry out the provisions relating to educational programs for individuals with exceptional needs residing in those facilities.Existing law requires the transfer of pupils in state hospital school programs whose individualized education programs indicate that a community school program is appropriate to be transferred to schools located in the community. Existing law authorizes waivers to that requirement only when approved by both the Superintendent of Public Instruction and the Director of Developmental Services. Existing law requires the State Department of Developmental Services, on the first day of each month, upon submission of an invoice by the county superintendent of schools, to pay to the county superintendent of schools 8% of the amount projected to cover the cost of hospital pupils educated in community school programs, as specified. Existing law requires the county superintendent of schools to calculate the actual cost of educating those pupils and, if the actual cost is more or less than the projected amount, requires the following year’s distribution to be adjusted accordingly.This bill would authorize waivers described above to be approved by the State Superintendent of Public Instruction and either the State Department of Developmental Services, for individuals receiving developmental disability services, or the State Department of State Hospitals, for individuals receiving mental health services, as specified. The bill would require the State Department of State Hospitals, rather than the State Department of Developmental Services, to make payments to county superintendents of schools with respect to pupils under the State Department of State Hospital’s jurisdiction who are being educated in community school programs. The bill additionally would revise those payment provisions to require the relevant department to pay the entire amount invoiced by the county superintendent of schools, and would require an adjustment to the county’s distribution to be adjusted in the following year only if the actual cost is greater than the amount invoiced by the county superintendent of schools. The bill would update existing references to state hospitals to also refer to developmental centers, and would make various other technical changes, and delete obsolete provisions.(2) Existing law, the Lanterman Developmental Disabilities Services Act (act), requires the State Departmen
CA AB 1223 - Joshua Hoover
Medi-Cal: audit of PACE organizations.
03/09/2023 - From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
AB 1223, as amended, Hoover.
Medi-Cal: audit of PACE organizations.
Existing federal law establishes the Program of All-Inclusive Care for the Elderly (PACE), which provides specified services for older individuals at a PACE center so that they may continue living in the community. Federal law authorizes states to implement PACE as a Medicaid state option. Existing state law establishes the California Program of All-Inclusive Care for the Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services under the state’s Medi-Cal state plan. Existing law authorizes the State Department of Health Care Services to enter into contracts with public or private organizations for implementation of the PACE program and sets out mandatory requirements of the PACE model, as provided under federal law.This bill would require the department to perform program audits of PACE organizations and to develop and maintain standards, rules, and auditing protocols. The bill would require the protocol to include data collection procedures and formal decision rules and procedures for enforcement consequences when the requirements of law are not met.
CA AB 1226 - Matt Haney
Corrections: Placement of incarcerated persons.
07/11/2023 - Enrolled and presented to the Governor at 3 p.m.
AB 1226, Haney. Corrections: Placement of incarcerated persons. Existing law requires the Department of Corrections and Rehabilitation to conduct assessments and examinations of all inmates who are newly committed to a state prison that include investigation of all pertinent circumstances of the person’s life, including, but not limited to, data regarding the inmate’s history of substance abuse, medical and mental health, education, family background, criminal activity, and social functioning.Existing law requires the Secretary of the Department of Corrections and Rehabilitation to assign a prisoner to the institution of the appropriate security level and gender population nearest the prisoner’s home, unless other classification factors make such a placement unreasonable.This bill, for an incarcerated person with a parent and child relationship with a child under 18 years of age, as specified, or who is a guardian or relative caregiver of a child, as defined, would require the secretary to place the person in the correctional institution or facility that is located nearest to the primary place of residence of the person’s child, provided that the placement would be suitable and appropriate, would facilitate increased contact between the person and their child, and the incarcerated parent gives their consent to the placement. The bill would authorize the department to reevaluate an incarcerated person’s placement to determine whether existing orders should be modified, including whether the person’s child has moved to a place significantly nearer to an otherwise suitable and appropriate institution. The bill would allow an incarcerated person to request a review of their housing assignment when there is a change in the primary place of residence of the person’s child upon which the person’s housing assignment was based.
CA AB 1253 - Brian K. Maienschein
Hearsay: exceptions.
09/13/2023 - Enrolled and presented to the Governor at 3 p.m.
AB 1253, Maienschein. Hearsay: exceptions. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who was convicted of a sexually violent offense and is in prison or whose parole has been revoked for evaluation by the State Department of State Hospitals to determine whether the person is a sexually violent predator before the person’s release from prison. If the State Department of State Hospitals determines that the person is a sexually violent predator, then the Director of State Hospitals must ask the county in which the person was convicted of the offense to file a petition in superior court to involuntarily commit the person to a secure facility for mental health treatment upon the person’s release from prison. Upon filing, if a judge determines that this petition, on its face, contains sufficient facts to constitute probable cause to believe that the person is likely to engage in sexually violent predatory criminal behavior upon their release, the judge must order the person to be detained in a secure facility until a probable cause hearing can be completed. If, at this hearing, the judge determines that there is probable cause, the judge must order that the person remain in custody in a secure facility until a trial is completed, and must order that a trial be conducted to determine whether the person is, by reason of a diagnosed mental disorder, a danger to the health and safety of others in that the person is likely to engage in acts of sexual violence upon the person’s release from prison.Existing law defines hearsay as evidence of a statement that was made other than by a witness while testifying at a hearing and that is offered to prove the truth of the matter stated. Except as provided by law, hearsay evidence is inadmissible. Existing case law, as established in Walker v. Superior Court (2021) 12 Cal.5th 177, provides that there is no indication the Legislature created an explicit hearsay exception to allow hearsay, in the form of police and probation office reports, to be admitted as evidence in the probable cause hearing described above.This bill would provide that within an official written report or record of a law enforcement officer regarding a sexual offense that resulted in a person’s conviction, the following statements are not inadmissible hearsay at the probable cause hearing described above: (1) a statement from a victim of the sexual offense, (2) a statement from an eyewitness to the sexual offense, or (3) a statement from a sexual assault medical examiner who examined a victim of the sexual offense.
CA AB 1254 - Heath Flora
State employees: compensation: firefighters.
09/01/2023 - In committee: Held under submission.
AB 1254, as introduced, Flora. State employees: compensation: firefighters. Existing law provides that in order for the state to recruit skilled firefighters for the Department of Forestry and Fire Protection, it is the policy of the state to consider prevailing salaries and benefits prior to making salary recommendations. Existing law requires the Department of Human Resources, in order to provide comparability in pay, to take into consideration the salary and benefits of other jurisdictions employing 75 or more full-time firefighters who work in California. This bill would require the state to pay firefighters who are rank-and-file members of State Bargaining Unit 8, employed by the Department of Forestry and Fire Protection, within 15% of the average salary for corresponding ranks in 20 listed California fire departments. The bill would require the state and the exclusive representative for State Bargaining Unit 8 to jointly survey annually and calculate the estimated average salaries for those fire departments. The bill would provide that when determining compensation for uniformed classifications of the department, it is the policy of the state to consider the salary of corresponding ranks within the comparable jurisdictions listed, as well as other factors, including internal comparisons. The bill would require any salary increase for firefighters under these provisions to be implemented through a memorandum of understanding, in accordance with specified procedures governing collective bargaining agreements. The bill would include related legislative findings.
CA AB 127 - House Budget Committee
State government.
06/27/2023 - Enrolled and presented to the Governor at 4:30 p.m.
AB 127, Committee on Budget. State government. (1) Existing law, the California Age-Appropriate Design Code Act, among other things, requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature.Existing law establishes the California Children’s Data Protection Working Group to deliver a report to the Legislature on or before January 1, 2024, and every 2 years thereafter, regarding best practices for the implementation of these provisions, as specified. Existing law requires the working group to select a chair and a vice chair from among its members and requires the working group to consist of 10 members, as specified.This bill would specify that the working group is within the Office of the Attorney General, and would require the report to, instead, be delivered on or before July 1, 2024, and every 2 years thereafter. The bill would instead require the working group to consist of 9 members, as specified. The bill would permit meetings of the working group to be conducted by means of remote communication, as specified.(2) The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. The California Constitution defines “appropriations subject to limitation” of the state to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for the state, exclusive of, among other things, state subventions for the use and operation of local government, except as specified. The California Constitution defines “appropriations subject to limitation” of an entity of local government to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for that entity and the proceeds of state subventions to that entity, except as specified, exclusive of refunds of taxes.Existing statutory provisions implementing these constitutional provisions establish the procedure for establishing the appropriations limit of the state and of each local jurisdiction for each fiscal year. Under existing law, revenues and appropriations for a local jurisdiction include subventions and with respect to the state, revenues and appropriations exclude those subventions. Existing law defines, for those purposes, “state subventions” as only including money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.For fiscal years commencing with the 2020–21 fiscal year, existing law defines “state subventions” to additionally include money provided to a local agency pursuant to certain state programs and requires any money received by a local agency pursuant to that provision to be included within the appropriations limit of the local agency, up to the full appropriations limit of the local agency, as prescribed.This bill would require the Department of Finance to, no later than February 1 of each year, calculate the individual subvention amounts for each of those state programs and provide this information on an annual basis to the California State Association of Counties and the League of California Cities for distribution to local agencies. The bi
CA AB 1274 - Damon Connolly
Young Californians’ Inclusion Act.
04/19/2023 - In committee: Set, first hearing. Hearing canceled at the request of author.
AB 1274, as introduced, Connolly. Young Californians’ Inclusion Act. Existing law establishes various social services and programs to address the needs of young people in this state, including the California Youth Empowerment Commission.This bill, until January 1, 2027, would require the Governor to convene and appoint a Blue Ribbon Commission on Young Californians’ Inclusion that would work with state and local agencies to audit their programs related to engaging young Californians and perform a statewide assessment on young Californians’ inclusion. The bill would require the commission to develop a set of policy recommendations regarding issues that substantially impact young Californians and recommendations for implementing governmentwide efforts to ensure the needs for young Californians are met and resources are provided to continue the advancement of young Californians. The bill would also require the commission to submit a report to the Legislature, the Governor, and the Superintendent of Public Instruction that includes the results of its assessment and recommendations and provide additional recommendations on how to increase young Californians’ inclusion and meaningful engagement, strengthen current and future outcomes for young Californians, and improve state systems to better attract and retain a younger generation of public servants in California’s civil service.By imposing additional duties on local agencies, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 1275 - Akilah Faizah Weber
Health information.
09/14/2023 - Re-referred to Com. on RLS.
AB 1275, as amended, Weber. Health information. Existing law establishes the California Health and Human Services Agency, which includes departments charged with the administration of health, social, and other human services. Existing law establishes the Center for Data Insights and Innovation within the California Health and Human Services Agency to ensure the enforcement of state law mandating the confidentiality of medical information. Existing law also establishes the State Department of Health Care Services and requires the department, among other things, to administer the Medi-Cal program.This bill would require the department, in collaboration with the agency, to collect appropriate data and identify indicators for tracking telehealth outcomes associated with impacting individual patient outcomes and overall population health. The bill would require the department to use the data collected to measure health outcomes of populations, as specified. The bill would make a related intent statement.
CA AB 1282 - Josh Lowenthal
Mental health: impacts of social media.
09/11/2023 - Ordered to inactive file at the request of Senator Menjivar.
AB 1282, as amended, Lowenthal. Mental health: impacts of social media. Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission, and authorizes the commission to take specified actions, including advising the Governor or the Legislature regarding actions the state may take to improve care and services for people with mental illness.This bill would require the commission to report to specified policy committees of the Legislature, on or before July 1, 2025, a statewide strategy to understand, communicate, and mitigate mental health risks associated with the use of social media by children and youth. The bill would require the report to include, among other things, (1) the degree to which individuals negatively impacted by social media are accessing and receiving mental health services and (2) recommendations to strengthen children and youth resiliency strategies and California’s use of mental health services to reduce the negative outcomes that may result from untreated mental illness, as specified. The bill would require the commission to explore, among other things, the persons and populations that use social media and the negative mental health risks associated with social media and artificial intelligence, as defined. The bill would repeal these provisions on January 1, 2029.
CA AB 129 - House Budget Committee
Housing.
06/29/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 129, as amended, Committee on Budget. Housing. (1) Existing law establishes the Department of Housing and Community Development (HCD) in the Business, Consumer Services, and Housing Agency for purposes of carrying out state housing policies and programs, and creates in HCD the California Housing Finance Agency.This bill would remove the California Housing Finance Agency from within HCD. This bill would continue the existence of the California Housing Finance Agency in the Business, Consumer Services, and Housing Agency.This bill would also make technical, conforming changes and would delete obsolete references.(2) Existing federal law authorizes the United States Secretary of Agriculture to extend financial assistance through multifamily housing direct loan and grant programs to serve very low, low-, and moderate-income households, including, among other programs, Section 515 Rural Rental Housing Loans, which are mortgages to provide affordable rental housing for very low, low-, and moderate-income families, elderly persons, and persons with disabilities.Existing law establishes a low-income housing tax credit program pursuant to which the California Tax Credit Allocation Committee provides procedures and requirements for the allocation, in modified conformity with federal law, of state insurance, personal income, and corporation tax credit amounts to qualified low-income housing projects that have been allocated, or qualify for, a federal low-income housing tax credit and farmworker housing. Existing law requires not less than 20% of the low-income housing tax credits available annually to be set aside for allocation to rural areas. Existing law defines “rural area” for purposes of the low-income housing tax credit program as an area, which, on January 1 of any calendar year, satisfies any number of certain criteria, including being eligible for financing under the Section 515 program, or successor program, of the United States Department of Agriculture Rural Development. This bill would expand the above-described criteria relating to Section 515 eligibility to instead include eligibility for financing under a multifamily housing program, as specified, or successor program, of the United States Department of Agriculture Rural Development. Existing law also includes in the definition of “rural area” an unincorporated area that adjoins a city having a population of 40,000 or less, provided that the city and its adjoining unincorporated area are not located within a census tract designated as an urbanized area by the United States Census Bureau.This bill would revise the definition of “rural area” to include an unincorporated area that adjoins a city having a population of 40,000 or less, provided that the unincorporated area is not located within a census tract, block group, or block designated as an urban area by the United States Census Bureau in the most recent decennial census. The bill would also include in the definition of “rural area” an unincorporated area that does not adjoin a city, provided that the unincorporated area is not located within a census tract, block group, or block designated as an urban area by the United States Census Bureau in the most recent decennial census.(3) Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The law requires HCD to determine whether the housing element is in substantial compliance with specified provisions of that law. Existing law requires HCD to designate jurisdictions as prohousing pursuant to emergency regulations adopted by HCD, as prescribed. Existing law awards jurisdictions that are in substantial compliance with specified provisions and that are prohousing additional points or preference in the scoring of applications for specified state programs, including, among others, the Affordable Housing and Sustainable Communities Prog
CA AB 1310 - Tina McKinnor
Sentencing: recall and resentencing.
09/01/2023 - In committee: Held under submission.
AB 1310, as amended, McKinnor. Sentencing: recall and resentencing. Existing law generally authorizes a court to, in the furtherance of justice, dismiss an enhancement. Existing law makes a person who personally uses a firearm in the commission of a felony punishable by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years. Existing law makes a person who personally uses a firearm in the commission of specified felonies punishable by imprisonment in the state prison for an additional and consecutive term of 10 years, and makes them punishable by an additional and consecutive term of imprisonment of 20 years if they discharge the firearm. Existing law makes a person who discharges a firearm and causes great bodily injury in the commission of specified felonies punishable by an additional and consecutive term of imprisonment of 25 years to life. Existing law, until January 1, 2018, prohibited courts from striking those firearm enhancements. Existing law on and after January 1, 2022, requires a court to dismiss an enhancement if it is in furtherance of justice to do so, except as specified.This bill would require the Secretary of the Department of Corrections and Rehabilitation to identify persons in custody, who, on or before January 1, 2018, suffered a conviction of those firearm enhancements. Upon determining the person qualifies for resentencing, the bill would require the trial court to appoint counsel and authorize the court to strike or dismiss an enhancement, as specified. By imposing additional duties on county public defenders, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 1314 - Joe Patterson
Gender identity: parental notification.
08/24/2023 - Re-referred to Com. on ED.
AB 1314, as amended, Essayli. Gender identity: parental notification. Existing law provides that parents and guardians of children enrolled in public schools have the right, and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as specified to include, among other things, having access to the school records of their child.Existing law authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling services, notwithstanding any provision of law to the contrary, if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in those services, or to outpatient mental health treatment or counseling services if the foregoing is true and the minor would present a danger of serious physical or mental harm to self or to others without the mental health treatment or counseling or residential shelter services, or is the alleged victim of incest or child abuse. Existing law requires the mental health treatment or counseling of a minor authorized by these provisions to include involvement of the minor’s parent or guardian unless, in the opinion of the professional person who is treating or counseling the minor, the involvement would be inappropriate.This bill would, notwithstanding the consent provisions described above, provide that a parent or guardian has the right to be notified in writing within 3 days from the date any teacher, counselor, or employee of the school becomes aware that a pupil is identifying at school as a gender that does not align with the child’s sex on their birth certificate, other official records, or sex assigned at birth, using sex-segregated school programs and activities, including athletic teams and competitions, or using facilities that do not align with the child’s sex on their birth certificate, other official records, or sex assigned at birth. The bill would state legislative intent related to these provisions. By imposing additional duties on public school officials, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 1316 - Christopher M. Ward
Emergency services: psychiatric emergency medical conditions.
04/10/2023 - In committee: Set, first hearing. Hearing canceled at the request of author.
AB 1316, as introduced, Irwin. Emergency services: psychiatric emergency medical conditions. Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled, as defined. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Pursuant to a schedule of covered benefits, existing law requires Medi-Cal coverage for inpatient hospital services, subject to utilization controls, and with respect to fee-for service beneficiaries, coverage for emergency services and care necessary for the treatment of an emergency medical condition and medical care directly related to the emergency medical condition, as specified.Existing law provides for the licensing and regulation of health facilities by the State Department of Public Health and makes a violation of those provisions a crime. Existing law defines “psychiatric emergency medical condition,” for purposes of providing treatment for emergency conditions, as a mental disorder that manifests itself by acute symptoms of sufficient severity that it renders the patient as being either an immediate danger to the patient or to others, or immediately unable to provide for, or utilize, food, shelter, or clothing, due to the mental disorder. Existing law includes various circumstances under which a patient is required to be treated by, or may be transferred to, specified health facilities for treatment that is solely necessary to relieve or eliminate a psychiatric emergency medical condition.This bill would revise the definition of “psychiatric emergency medical condition” to make that definition applicable regardless of whether the patient is voluntary, or is involuntarily detained for evaluation and treatment. The bill would make conforming changes to provisions requiring facilities to provide that treatment. By expanding the definition of a crime with respect to those facilities, the bill would impose a state-mandated local program.The bill would require the Medi-Cal program to cover emergency services and care necessary to treat an emergency medical condition, as defined, including all professional physical, mental, and substance use treatment services, including screening examinations necessary to determine the presence or absence of an emergency medical condition and, if an emergency medical condition exists, for all services medically necessary to stabilize the beneficiary. The bill would require coverage, including by a Medi-Cal managed care plan, for emergency services necessary to relieve or eliminate a psychiatric emergency medical condition, regardless of duration, or whether the beneficiary is voluntary, or involuntarily detained for evaluation and treatment, including emergency room professional services. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 1321 - Mia Bonta
California Coordinated Neighborhood and Community Services Grant Program.
07/03/2023 - In committee: Referred to APPR suspense file.
AB 1321, as amended, Bonta. California Coordinated Neighborhood and Community Services Grant Program. Existing law requires the Department of Community Services and Development to, among other things, plan and evaluate strategies for overcoming poverty in the state, mobilize resources in support of antipoverty and community services programs, and administer public and private funds designed to support antipoverty programs that are not currently administered by other departments.Existing law establishes the Cradle-to-Career Data System for the purpose of connecting individuals and organizations to trusted information and resources, as a source for actionable data and research on education, economic, and health outcomes for individuals, families, and communities, and to provide for expanded access to tools and services that support the education-to-employment pipeline, as specified.This bill, the It Takes a Village Act of 2023, subject upon an appropriation in the annual Budget Act or another statute for these purposes, would establish the California Coordinated Neighborhood and Community Services Grant Program to be administered by the State Department of Social Services or another department within the California Health and Human Services Agency. The bill would require the department to grant awards on a competitive basis for the 2025–26 through 2027–28 fiscal years to eligible entities that are Promise Neighborhoods, other community-based networks, or multineighborhood regional cradle-to-career networks, as those terms are defined, to either implement a comprehensive, integrated continuum of cradle-to-career solutions at the neighborhood level or support the civic infrastructure and backbone of cradle-to-career networks that support their network partners to accomplish systems change. The bill would define “cradle-to-career” to mean a system of integrated services that begins before birth and leads to appropriate postsecondary success, including academic, occupational, and independent living, that benefits the individual and community as a whole. The bill would require the department, in consultation with the State Department of Education, to develop an application process and would require the department to establish performance standards to measure progress on indicators and results relevant to the evaluation of the grant program. The bill would require grant recipients to contribute matching funds and prepare and submit an annual report to the department, as specified.
CA AB 133 - House Budget Committee
Courts.
08/14/2023 - Re-referred to Com. on B. & F.R.
AB 133, as amended, Committee on Budget. Courts. (1) The California Constitution vests the judicial power of the state in the Supreme Court, courts of appeal, and superior courts, and establishes the Judicial Council to, among other things, adopt rules of court and perform functions prescribed by statute. Existing law, the Nonprofit Public Benefit Corporation Law, authorizes and regulates the formation and operation of, among others, nonprofit public benefit corporations.This bill would establish the California Access to Justice Commission, a nonprofit public benefit corporation, and would authorize the commission to receive funding appropriated by the Legislature. The bill would specify the membership of the commission and terms of the members. The bill would specify the purposes for which the commission may receive and use funding including, among others, providing ongoing leadership in efforts to achieve full and equal access to justice for all Californians. The bill would make the commission subject to the Nonprofit Public Benefit Corporation Law and would set the public meeting requirements for the commission.(2) Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law requires an attorney or law firm receiving or disbursing trust funds to establish and maintain an Interest On Lawyers’ Trust Accounts (IOLTA) account in which the attorney or law firm is required to deposit or invest specified client deposits or funds. Existing law requires interest and dividends earned on IOLTA accounts to be paid to the State Bar of California and used for programs providing civil legal services without charge to indigent persons. Existing law requires the State Bar of California to distribute IOLTA funds and specified other funds to qualified legal service projects and qualified support centers, as defined, for the provision of civil legal services without charge to indigent persons in accordance with a specified statutory scheme. Existing law authorizes qualified legal services projects and qualified support centers to use the funds to provide work opportunities with pay and scholarships for disadvantaged law students to help defray their law school expenses, among other purposes.This bill would authorize qualified legal service projects and qualified support centers to also use the funds to provide loan repayment assistance for the purposes of recruiting and retaining attorneys in accordance with a loan repayment assistance program administered by the California Access to Justice Commission. The bill would appropriate $250,000 from the General Fund to the Judicial Council to provide funding to the California Access to Justice Commission to administer a tax advantaged student loan repayment assistance program for service providers employed by qualified legal service projects and support centers, as specified.(3) Existing law establishes the Appellate Court Trust Fund, the proceeds of which shall be used for the purpose of funding the courts of appeal and the Supreme Court. Existing law requires the funds, upon appropriation by the Legislature, to be apportioned by the Judicial Council to the courts of appeal and the Supreme Court taking into consideration all other funds available and the needs of each court in a manner that promotes equal access to the courts, ensures the ability of the courts to carry out their functions, and promotes implementation of statewide policies.This bill would authorize the funds to be apportioned by the Judicial Council to the Supreme Court, courts of appeal, and the Judicial Council, taking into consideration all other funds available to each and the needs of each.(4) Existing law generally requires the superior court, as an employer, to provide employees with the use of a lactation room or other location for employees to express milk in private, including, among other things, a clean and safe place to sit. Ex
CA AB 1339 - Matt Haney
Discrimination: disability: medication-assisted treatment.
05/18/2023 - In committee: Held under submission.
AB 1339, as amended, Haney. Discrimination: disability: medication-assisted treatment. Existing law requires the State Department of Health Care Services to license narcotic treatment programs to use narcotic replacement therapy and medication-assisted treatment (MAT) of addicted persons. Existing law specifies the medications a licensed narcotic treatment program may use for narcotic treatment replacement therapy and MAT by a licensed narcotic treatment program.Existing law prohibits the unlawful denial of full and equal access to the benefits of, or the unlawful discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, that is funded directly by the state, or that receives any financial assistance from the state, for a person on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation.This bill would prohibit a state-funded program, as defined, from discriminating against, or denying access to housing or housing services to, individuals because they are currently undergoing MAT or taking authorized medications.This bill would also make legislative findings and declarations.
CA AB 134 - House Budget Committee
Public safety trailer bill.
06/27/2023 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 59. Noes 17.).
AB 134, Committee on Budget. Public safety trailer bill. (1) Existing law, the California Public Records Act, authorizes the inspection and copying of any public record except where specifically prohibited by law. Existing law, with specified exemptions, makes confidential and exempts from disclosure the personnel records of peace officers and custodial records and certain other records maintained by their employing agencies. Existing law provides that this exemption from disclosure does not apply to investigations of these officers or their employing agencies and related proceedings conducted by a grand jury, a district attorney’s office, or the Attorney General’s office.Existing law establishes the Commission on Peace Officer Standards and Training (POST) to, among other functions, certify the eligibility of those persons appointed as peace officers throughout the state. Existing law establishes the Peace Officer Standards Accountability Division within POST to review investigations conducted by law enforcement agencies and to conduct additional investigations into serious misconduct that may provide grounds for suspension or revocation of a peace officer’s certification.This bill would exempt from the aforementioned confidentiality provisions, investigations of peace officers and custodial officers or their employing agencies and related proceedings conducted by POST. This bill would provide that, until January 1, 2027, specified records in the possession of POST related to these functions are not public records subject to disclosure, although those same records may be subject to disclosure by the agency that employs or previously employed the peace officer.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.(2) Existing law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief. Commencing on July 1, 2023, existing law makes arrest record relief available to a person who has been arrested for a felony, including a felony punishable in the state prison, as specified. Commencing on July 1, 2023, existing law makes conviction record relief available for a defendant convicted, on or after January 1, 2005, of a felony for which they did not complete probation without revocation if the defendant appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of 4 years has elapsed during which the defendant was not convicted of a new felony offense, except as specified.This bill would delay the implementation of these provisions until July 1, 2024. (3) Existing law authorizes the court, in its discretion and in the interest of justice in specified cases, to permit the defendant to withdraw their plea of guilty or nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, to set aside the verdict of guilty, and to dismiss the accusations or information against the defendant and release the defendant from all penalties and disabilities resulting from the offense for which they have been convicted. Existing law authorizes a person who was under 18 years of age at the time of commission of a misdemeanor to, in specified circumstances, petition the court for an order sealing the record of conviction and other official records in the case. Existing law authorizes the court to require the defendant or petitioner in these circumstances to reimburse the court, city, and county for actual costs of services rendered under these provisions.Thi
CA AB 135 - House Budget Committee
Public safety.
09/13/2023 - Re-referred to Com. on B. & F.R.
AB 135, as amended, Committee on Budget. Public safety. (1) Existing law, operative as of January 1, 2024, will, in a case in which the party bearing the burden of proof proffers expert testimony regarding medical causation and the party’s expert is required as a condition of testifying to opine that causation exists to a reasonable medical probability, allow the party not bearing the burden of proof to offer the testimony of a contrary expert only if the expert can testify that a proffered alternative cause exists to a reasonable medical probability or that a matter cannot meet a reasonable degree of probability in the applicable field, as specified.This bill would, operative as of January 1, 2024, specify that the above provision applies only to general civil actions, as defined in the California Rules of Court.(2) Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to contract for the establishment and operation of separate community correctional reentry centers, as specified. Existing law authorizes the secretary to entertain proposals for the establishment and operation of community correctional reentry centers from public and private entities and requires that preference be given to community correctional reentry centers located near large population centers.This bill would authorize the department to enter into long-term contracts, not to exceed 10 years, for the transfer of prisoners to, or placement of prisoners in, facilities under contract pursuant to these provisions. The bill would require that the secretary advertise potential contracts under these provisions and would require that priority be given to certain community correctional reentry centers, as specified. The bill would prohibit the department, for contracts entered into on or after October 14, 2023, from contracting for the establishment of community correctional reentry centers located in current or former state prison facilities or on current or former state prison property.(3) Existing law requires the Department of Justice to provide subsequent state or federal arrest or disposition notification to the State Department of Social Services, the Medical Board of California, the Osteopathic Medical Board of California, and other authorized entities to assist in, among other things, fulfilling employment, licensing, or certification duties. Existing law requires an entity, other than a law enforcement agency, as defined, to enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.This bill would authorize the department to submit fingerprints to the Federal Bureau of Investigation, where they will be retained for the purpose of being searched against future submissions to the FBI, as specified. The bill would authorize the department to search latent fingerprint images against all retained fingerprint submissions. The bill would also authorize the department to collect fees for federal subsequent notification services and remit the fees to the FBI.Existing law authorizes a human resource agency or an employer to request from the Department of Justice records of all convictions or any arrest pending adjudication involving specified offenses of a person who applies for a license, employment, or volunteer position in which they would have supervisory or disciplinary power over a minor or any person under their care. Existing law requires a request for records to include the applicant’s fingerprints and any other data specified by the department. Existing law requires the department to furnish the information to the requesting employer and to send a copy of the information to the applicant.This bill would establish procedures for the department, human resource agency, and employer to follow when a request is made to the department for the conviction and arrest records described above, in
CA AB 1354 - Albert Y. Muratsuchi
Pupil instruction: Asian Americans and Pacific Islanders.
08/29/2023 - Enrolled and presented to the Governor at 11:30 a.m.
AB 1354, Mike Fong. Pupil instruction: Asian Americans and Pacific Islanders. Existing law requires the State Department of Education to incorporate materials relating to civil rights, human rights violations, genocide, slavery, and the Holocaust into publications that provide examples of curriculum resources for teacher use, consistent with the subject frameworks on history and social science and other requirements. Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the State Board of Education.This bill would require the commission, when the history-social science curriculum framework is next revised, to consider providing for inclusion of, in its recommended history-social science curriculum framework, related evaluation criteria, and accompanying instructional materials, instruction on both (1) the historical, social, economic, and political contributions of Asian Americans, Native Hawaiians, and Pacific Islanders in the United States and (2) examples of racism, discrimination, and violence perpetrated against Asian Americans, Native Hawaiians, and Pacific Islanders in the United States, as provided.
CA AB 1359 - Pilar Schiavo
Paid sick days: health care employees.
09/11/2023 - Ordered to inactive file at the request of Senator Stern.
AB 1359, as amended, Schiavo. Paid sick days: health care employees. Existing law, the Healthy Workplaces, Healthy Families Act of 2014, entitles employees who satisfy specified requirements to sick leave. The act generally entitles an employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year to paid sick leave, subject to various use and accrual limits. The act also authorizes an employer to limit an employee’s use of accrued paid sick days to 24 hours or 3 days in each year of employment, calendar year, or 12-month period.This bill would grant an employee of a covered health care facility health care worker sick leave, as those terms are defined. The bill would permit accrued leave, and would prescribe for the use and carryover of that leave, including permitting health care worker sick leave to carry over to the following year of employment for those employees, subject to certain conditions. The bill would prohibit a covered health care facility from limiting an employee’s use of health care worker sick leave. The bill would exempt those employees from certain existing limits on the use of accrued paid sick days. The bill would authorize an employee of a covered health care facility to bring a civil action against an employer that violates this provision and would entitle the employee to collect specified legal and equitable relief to remedy a violation.
CA AB 1360 - Kevin Michael McCarty
Hope California: Secured Residential Treatment Pilot Program.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 1360, McCarty. Hope California: Secured Residential Treatment Pilot Program. Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military.This bill would, until July 1, 2029, authorize the Counties of Sacramento and Yolo to offer secured residential treatment pilot programs, known as Hope California, for individuals suffering from substance use disorders (SUDs) who have been convicted of qualifying drug-motivated felony crimes, as specified. The bill would require the program to meet certain conditions relating to, among other things, a risk, needs, and biopsychosocial assessment, a comprehensive curriculum, a determination by a judge of the length of treatment, data collection, licensing and monitoring of the facility by the State Department of Health Care Services, and reporting to the department and the Legislature.The bill would require the judge to offer the defendant voluntary participation in the pilot programs, as an alternative to a jail or prison sentence otherwise imposed, if the defendant’s crime was caused, in whole or in part, by the defendant’s SUD, the crime was not a sex crime, serious or violent felony, nonviolent drug possession, domestic violence, or driving under the influence, and the judge makes their determination based on the recommendations of the treatment providers, on a finding by the county health and human services agency that the defendant’s participation would be appropriate, and on a specified report prepared with input from interested parties. Under the bill, the defendant would be eligible to receive credits for participation in the program, as specified.The bill would set forth a procedure for the transfer of a participant out of the secured residential treatment program based on the recommendations of the treatment providers or program administrators or based on the participant’s request, as specified.If the participant successfully completes the court-ordered drug treatment, as determined by treatment providers pursuant to the pilot program, the bill would require the court to set aside the conviction and to dismiss the accusation or information against the defendant and would authorize the court to set aside the conviction and to dismiss the accusation or information of any previous drug possession or drug use crimes on the participant’s record.Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law requires the Department of Justice, as part of the state summary criminal history information, to disseminate every conviction rendered against an applicant unless the conviction falls within an exception.This bill would exempt from dissemination a conviction that has been set aside pursuant to the above provisions.Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including mental health and substance use disorder services, pursuant to a schedule of benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, with certain exceptions based in part on the type and location of the service, provides for the suspension of Medi-Cal benefits to an inmate of a public institution.This bill would, to the extent permitted under federal and state law, make treatment provided to a participant during the program reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal pr
CA AB 137 - House Budget Committee
Health omnibus trailer bill.
09/13/2023 - Re-referred to Com. on B. & F.R.
AB 137, as amended, Committee on Budget. Health omnibus trailer bill. (1) The California Hospice Licensure Act of 1990 requires a person, political subdivision of the state, or other governmental agency to obtain a license from the State Department of Public Health to provide hospice services to an individual who is experiencing the last phase of life due to a terminal disease, as defined, and their family, except as provided. Existing law requires the department, by January 1, 2024, to adopt emergency regulations to implement the recommendations in a specified report of the California State Auditor. Existing law requires the department to maintain the general moratorium on new hospice agency licenses until the department adopts the regulations, but in no event later than March 29, 2024. Existing law requires the moratorium to end on the earlier of 2 years from the date that the California State Auditor publishes a report on hospice agency licensure, or the date the emergency regulations are adopted.This bill would instead require the moratorium to end on the date the emergency regulations are adopted and would extend the deadline by which the department is required to adopt those regulations to January 1, 2025.(2) Under existing law, the Department of Health Care Services is responsible for licensing and certifying alcoholism and drug abuse recovery and treatment programs and facilities, including both residential and nonresidential programs. Existing law requires the department to charge a fee for the licensure or certification of these facilities and to evaluate licensing and certification fees annually, taking into consideration the overall cost of specified residential and outpatient licensing and certification activities of the department, plus a reasonable reserve. Existing law requires the department to submit proposed new fees or fee changes to the Legislature for approval, as specified, and prohibits new fees or fee changes without legislative approval. Existing law establishes the Residential and Outpatient Program Licensing Fund, consisting of fees, fines, and penalties collected from residential and outpatient programs.This bill would require any excess fees remaining in the Residential and Outpatient Program Licensing Fund at the end of each fiscal year to be carried forward and taken into consideration in setting the amount of fees imposed in the immediately subsequent fiscal year. The bill would authorize the department, no sooner than July 1, 2027, to approve a fee increase, up to and including 5 percent on an annual basis, as needed to address the costs of the licensing and certification activities described above. The bill would require the department to submit any proposed new fees or fee increases in excess of 5 percent to the Legislature for approval and would prohibit new fees or fee changes in excess of 5 percent to be implemented without legislative approval. The bill would require the department to develop a process for programs and facilities to apply for a hardship fee waiver and issue a provider bulletin detailing the application process for the hardship fee waiver that includes eligibility requirements for demonstrated need by July 1, 2024.Existing law requires the department to implement the licensing and certification provisions for alcoholism and drug abuse recovery and treatment programs and facilities through the Administrative Procedure Act. Existing law authorizes the department to implement new fees or fee changes by means of provider bulletins or similar action and to supersede the existing licensing and certification fees until the department amends the regulations. Existing law requires the department to notify and consult with interested parties and appropriate stakeholders regarding new fees or fee changes.This bill would remove the requirement that the department implement the licensing and certification provisions described above through the Administrative Procedures Act. The bill w
CA AB 1376 - Juan Carrillo
Emergency medical services: liability limitation.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 1376, Juan Carrillo. Emergency medical services: liability limitation. The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act governs local emergency medical services systems. Existing law makes it a crime to violate any of the provisions of the act, and any rules, regulations, or county ordinances adopted pursuant to the act, that govern patient transfers. Existing law provides specified liability limitations to, among others, physicians, nurses, and other authorized individuals who provide assistance in emergency situations.This bill would provide that a private provider of ambulance services, and employees of that provider, when operating in accordance with the standards, regulations, policies, and protocols of local emergency medical services agencies, shall not be criminally or civilly liable for the continued detainment of a person when that detainment is requested by a peace officer, facility staff, or other professionals authorized to detain persons in specified circumstances involving the transport and continued containment of a person who requires mental health evaluation and treatment, as specified. The bill would require a private provider of ambulance services subject to these provisions to provide care according to the policies and procedures established by the local emergency medical services agency, as specified, and the policies of the California Emergency Medical Services Authority. The bill would also prohibit a private provider of ambulance services that provides transportation to a designated facility, as defined, from requiring a person who is voluntarily agreeing to transport to be placed on an involuntary hold as a precondition to that transport. By creating a new crime under the act, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 138 - House Budget Committee
Human services.
09/13/2023 - Re-referred to Com. on B. & F.R.
AB 138, as amended, Committee on Budget. Human services. (1) Existing law establishes the State Department of Developmental Services and vests in the department jurisdiction over various state hospitals, referred to as developmental centers, to provide care to persons with developmental disabilities. Existing law requires the department to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires a regional center to notify the appropriate regional resource development project when the regional center determines or is informed, as specified, that the community placement of a consumer is at risk of failing and that admittance to an acute crisis home operated by the department is a likelihood or the regional center is notified by a court of a potential admission to an acute crisis home operated by the department.Existing law requires the department to notify the court, in writing, if the regional resource development project determines that a consumer cannot be safely served in an acute crisis home operated by the department, as specified.This bill would require the department, when the regional resource development project determines that a consumer cannot be safely served in an acute crisis home operated by the department, to continue to work jointly with the regional center to identify or develop alternative services and supports and implement the alternative services and supports that are identified or developed.Existing law prohibits the regional resource development project, in consultation with specific parties, from making a determination that admittance to an acute crisis home operated by the department is necessary unless the determination includes a regional center report that details all considered community-based services and supports, including a crisis home and an explanation why the options could not meet the consumer’s needs.The bill would also require the determination that admittance to an acute crisis home is necessary to include consideration of a supported living arrangement, among other options. This bill would prohibit an acute crisis home operated by the department from utilizing specific interventions, including, among other things, prone restraints and seclusion, as defined.(2) Existing law requires the State Department of Developmental Services, no later than April 1, as specified, to submit a detailed plan to the Legislature whenever the department proposes the closure of a state developmental center. Existing law requires the department, in conjunction with the Governor’s proposed 2023–24 budget, to submit to the Legislature an updated version of a specified safety net plan regarding how the department will provide access to crisis services after the closure of a developmental center and how the state will maintain its role in providing residential services to those whom private sector vendors cannot or will not serve. Existing law requires the plan update, among other provisions, to evaluate the progress made to create a safety net, including services or residences intended to facilitate transitions or diversions from institutions for mental disease, the Canyon Springs Community Facility, the secure treatment program at Porterville Developmental Center, prisons or jails, or other restrictive settings.This bill would authorize the establishment of a residential program in the community for adolescents and adults with complex needs, as defined, as part of the safety net plan to provide access to crisis services, as described above. The bill would authorize the development of up to 3 complex needs homes, as defined, with a maximum capacity of 5 beds per home and would prohibit any stay in a complex needs home from exceeding 18 months, except as specified. The bill establishes certain procedures to be followed prior to, and following, a consumer’s admission to a complex needs home due to an acute crisis, as d
CA AB 1386 - Jesse Gabriel
Veterans housing: tenant referrals.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 1386, Gabriel. Veterans housing: tenant referrals. Existing law, the Veterans Housing and Homeless Prevention Act of 2014, requires the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs (referred to collectively as “the departments”) to establish and implement programs that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness, as specified. In this regard, existing law requires the departments to establish and implement programs that, among other things, ensure projects combine housing and supportive services. Existing law requires the departments to ensure at least 50% of funds awarded for capital development are used to provide housing to veterans with extremely low incomes, and requires that at least 60% of units funded targeting extremely low income households are supportive housing.This bill would authorize an entity tasked with making referrals of units targeted to extremely low income households to submit a petition to the departments requesting authority to lease the qualified unit to a secondary tenant, as defined, if a qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit with 60 days of the unit becoming available. The bill would require a qualified unit that is leased to a secondary tenant to be redesignated to an area median income level commensurate with the income level of the secondary tenant and would require the secondary tenant to pay rent commensurate with their household income’s percentage of the area medium income. The bill would, 12 months after a petition is approved, require the next available comparable unit to be rented to a qualified tenant at 30% of the median income. The bill would require a qualified entity tasked with making referrals to these units to make a good faith effort to match a tenant with an extremely low income before submitting a petition, document these good faith efforts, submit this documentation as a part of the petition, and make this documentation available to the housing sponsor and, upon request, to the departments. The bill would prohibit the departments from approving a petition if it would result in changes that may impact the project’s regulatory agreement, as specified.The bill would require the departments to create a standardized form for the submission of petitions described above. The bill would require the departments, upon receipt of a petition, to (1) review the petition and decide if the qualified unit is eligible to accept secondary tenants under all applicable guidelines, rules, and regulations, and (2) provide a written determination approving or denying the petition no later than 30 days after receipt of the petition.Existing law establishes the California Tax Credit Allocation Committee, composed of specified members, and requires that the California Tax Credit Allocation Committee, among other things, allocate specified federal low-income housing tax credits, as provided.This bill, for purposes of supportive housing units that are restricted to extremely low income veterans pursuant to a regulatory agreement with the committee, would authorize an entity tasked with making referrals of those units targeted to extremely low income households to match prospective secondary tenants with incomes at or below 60% of the area median income that are receiving income as a result of service-connected disability benefits if a qualified tenant is unable to be matched to and accept placement in an available unit within 28 days of the unit becoming available. If a secondary tenant is unable to be matched to and accept placement in an available unit within 14 days, the bill would authorize the entity to match a veteran experiencing homelessness with an income at or below 60% of the area median income, regardless of the source of the income, in an available unit. The bill would require a qualified unit tha
CA AB 140 - House Budget Committee
Early childcare and education.
09/13/2023 - Re-referred to Com. on B. & F.R.
AB 140, as amended, Committee on Budget. Early childcare and education. Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age. Existing law, the Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs, including, but not limited to, part-day and full-day developmentally and age-appropriate programs for 3- and 4-year-old children. Existing law requires the State Department of Social Services to coordinate with the State Department of Education and others to develop the state plan for purposes of the federal Child Care and Development Fund (CCDF).Existing law requires the State Department of Social Services, in collaboration with the State Department of Education, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates. Existing law requires the state and Child Care Providers United - California to establish a Joint Labor Management Committee to develop recommendations for a single reimbursement rate structure that addresses quality standards for equity and accessibility while supporting positive learning and developmental outcomes for children, as specified. Existing law also requires the department, in collaboration with the State Department of Education, to develop and conduct an alternative methodology, as specified, in order to set reimbursement rates for state-subsidized childcare and development services.This bill would, among other things, require the State Department of Social Services to, no later than May 15, 2024, report the status of the draft CCDF state plan to specified budget subcommittees and the Legislative Analyst’s Office on the state’s proposed single rate structure, and to, no later than July 1, 2024, submit the necessary information to support use of a single rate structure utilizing the alternative methodology to the United States Department of Health and Human Services, Administration for Children and Families in the state plan or an amendment to the state plan. The bill would also require the department to provide the same budget subcommittees and the Legislative Analyst’s Office with an outline of implementation components for the approved single rate structure within 60 days of federal approval of the single rate structure utilizing the alternative methodology in the state plan, and would require that single rate structure to apply to specified subsidized childcare and development programs under the department and state preschool programs under the State Department of Education.This bill would require, on or before March 1, 2024, a contractor operating a California state preschool program through a family childcare home education network and each county and contractor that reimburses childcare providers for the provision of state-funded subsidized childcare and development services to develop, implement, and publish a plan for timely payment to providers, as specified. This bill would allocate previously appropriated funds in the Budget Act of 2023 to the State Department of Social Services and State Department of Education to provide specified family childcare providers and childcare centers with a monthly cost of care plus rate commencing January 1, 2024, and through June 30, 2025, inclusive, and a flat-rate, one-time payment, as specified.Existing law previously appropriated funds for the establishment of the Joint Child Care Providers United - State of California Training Partnership Fund and to establish a health care benefits trust administered by Child Care Providers United - California, as specified.This bill would allocate additional funds for those purposes, as specified. The bill would also appropriate $100,0000 from the General Fund to the State Department of Social Services for a one-time cont
CA AB 1406 - Kevin Michael McCarty
Firearms: waiting periods.
09/26/2023 - Chaptered by Secretary of State - Chapter 244, Statutes of 2023.
AB 1406, McCarty. Firearms: waiting periods. Existing law requires every sale or transfer of a firearm to be processed through a licensed dealer. Existing law requires the dealer to obtain specified information about the purchaser and forward that information to the Department of Justice, as specified. Existing law prohibits a dealer from delivering a firearm within 10 days after the application to purchase, as specified.Existing law requires the department, upon receiving the information about a firearm purchaser, to examine specified records and notify the dealer if the person is prohibited from possessing a firearm or, if specified records are incomplete, to request that the dealer delay delivery of the firearm until that information can be verified.This bill would authorize the department to request a delay of the delivery of a firearm if additional research is required to determine a person’s eligibility, as specified.This bill would additionally authorize the department to request a delay of the delivery of a firearm for up to 30 days if an emergency, as defined, has caused the department to be unable to review records to determine a purchaser’s eligibility to purchase, receive, own, or possess a firearm prior to the conclusion of the waiting period.This bill would, if a firearm being sold or transferred is reported as lost or stolen, require the department to reject the transaction and notify the law enforcement agency that reported the firearm as lost or stolen. The bill would require the dealer to hold the firearm and require that law enforcement agency to retrieve the firearm from the dealer, as specified. By requiring the law enforcement agency to retrieve the firearm, this bill would impose a state-mandated local program.This bill would also make changes to the notification procedures to purchasers regarding rejected or delayed background checks, as specified.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 141 - House Budget Committee
Education finance: education omnibus budget trailer bill.
09/13/2023 - Re-referred to Com. on B. & F.R.
AB 141, as amended, Committee on Budget. Education finance: education omnibus budget trailer bill. (1) The Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs, including, but not limited to, part-day and full-day age and developmentally appropriate programs for 3- and 4-year-old children. The act requires, from July 1, 2022, to June 30, 2023, inclusive, at least 5% of funded enrollment to be reserved for children with exceptional needs, requires at least 7.5% of funded enrollment to be reserved for children with exceptional needs commencing July 1, 2025, to June 30, 2026, inclusive, and requires at least 10% of funded enrollment to be reserved for children with exceptional needs commencing July 1, 2026. On and after July 1, 2026, existing law provides that any agency that does not meet those requirements may be put on a conditional contract, as provided.This bill would reestablish the 5% requirement until June 30, 2025, and make any agency that does not meet that requirement eligible to be placed on a conditional contract as of July 1, 2026. For any agency that does not meet the 7.5% or 10% requirements, the bill would delay their eligibility to be placed on a conditional contract to July 1, 2027, and July 1, 2028, respectively.The act requires each state preschool program applicant or contracting agency to give priority for enrollment for part-day and full-day programs according to a specified priority ranking. Existing law requires the 3rd priority for services to be given to eligible 3- and 4-year old children who are not enrolled in a state-funded transitional kindergarten program. Within this priority, the act provides that if 2 or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child from a family in which the primary home language is a language other than English shall be enrolled first.This bill would revise the latter priority criteria to be based on whether those children are identified as dual language learners instead of whether they are from a family in which the primary home language is a language other than English.(2) Existing law establishes the California Prekindergarten Planning and Implementation Grant Program as a state early learning initiative with the goal of expanding access to classroom-based prekindergarten programs. Existing law appropriates $300,000,000 from the General Fund to the State Department of Education in both the 2021–22 fiscal year and the 2022–23 fiscal year for allocation to local educational agencies as base grants, enrollment grants, and supplemental grants, as specified. Existing law authorizes the department to allocate or prorate unexpended funds returned by or collected from a grant recipient for grants to local educational agencies for costs associated with the educational expenses of current and future California state preschool program, transitional kindergarten, and kindergarten professionals that support their attainment of required credentials, permits, or professional development in early childhood instruction or child development, including developing competencies in serving inclusive classrooms and dual language learners, as provided.This bill would extend the encumbrance period for those funds, as specified, thereby making an appropriation. The bill would require any remaining unexpended funds to revert to the General Fund on June 30, 2028.(3) Existing law creates the Learning Recovery Emergency Fund in the State Treasury for the purpose of receiving appropriations for school districts, county offices of education, charter schools, and community college districts related to the state of emergency declared by the Governor on March 4, 2020, relating to the COVID-19 pandemic. Former law initially appropriated $7,936,000,000 from the General Fund to the department for transfer to the Learning Recovery Emergency
CA AB 1412 - Michael A. Gipson
Pretrial diversion: borderline personality disorder.
09/12/2023 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 3.).
AB 1412, as amended, Hart. Pretrial diversion: borderline personality disorder. Existing law authorizes a court to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law conditions eligibility on, among other criteria, a court finding that the defendant suffers from a mental disorder, as specified, excluding antisocal personality disorder, borderline personality disorder, and pedophilia.This bill would remove borderline personality disorder as an exclusion for pretrial diversion.This bill would incorporate additional changes to Section 1001.36 of the Penal Code proposed by AB 455 to be operative only if this bill and AB 455 are enacted and this bill is enacted last.
CA AB 1417 - James D. Wood
Elder and dependent adult abuse: mandated reporting.
09/22/2023 - Enrolled and presented to the Governor at 11:30 a.m.
AB 1417, Wood. Elder and dependent adult abuse: mandated reporting. Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, sets forth various provisions for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law requires specified people, known as mandated reporters, to report cases of elder or dependent adult abuse. Under existing law, failure to report the abuse is a misdemeanor.Existing law establishes certain procedures for mandated reporters to report known or suspected instances of abuse by telephone followed by a written report, or through a confidential internet reporting tool, as specified. If the abuse is physical abuse, and the abuse occurred in a long-term care facility, with exceptions, existing law sets forth the reporting conditions, including those relating to the format, timelines, and recipients of the reporting. Under existing law, the reporting conditions are based on whether or not the suspected abuse results in serious bodily injury, or whether the suspected abuse is allegedly caused by a resident with a physician’s diagnosis of dementia and there is no serious bodily injury, as specified. If the abuse is not physical abuse, and the abuse occurred in a long-term care facility, with exceptions, existing law requires a telephone report and a written report to be made to the local ombudsperson or the local law enforcement agency.This bill would delete and reorganize some of those reporting provisions. Under the bill, if the abuse that occurred in a long-term facility was allegedly caused by another resident of the facility with dementia diagnosed by a licensed physician and there was no serious bodily injury, the reporter would be required to submit a written report within 24 hours to the long-term care ombudsperson and the local law enforcement agency. Under the bill, in all other instances, immediately or as soon as practically possible, but no longer than 2 hours, the reporter would be required to submit a verbal report to the local law enforcement agency, and to submit a written report within 24 hours to the aforementioned recipients. Under the bill, the time limit for reporting would begin when the mandated reporter observes, obtains knowledge of, or suspects the abuse or neglect. The bill would make conforming changes to related provisions.By expanding the scope of the mandated reporting crime, and to the extent the bill would change the duties of local entities receiving the reports, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 142 - House Budget Committee
Higher education trailer bill.
09/13/2023 - Re-referred to Com. on B. & F.R.
AB 142, as amended, Committee on Budget. Higher education trailer bill. (1) Existing law establishes the Higher Education Student Housing Grant Program to provide one-time grants for the construction of student housing or for the acquisition and renovation of commercial properties into student housing for the purpose of providing affordable, low-cost housing options for students enrolled in public postsecondary education in the state. In addition to funding provided for purposes of the program, existing law requires the University of California and the California Community Colleges to fund construction grants using revenue bonds issued by the University of California or community college districts for specified intersegmental projects. Existing law requires General Fund support for certain grants provided to the California Community Colleges to revert to the General Fund and instead be funded with local revenue bonds issued by community college districts, as specified.This bill would make various changes to these provisions. Among these changes, the bill would (A) authorize instead of request the University of California to fund capital outlay planning and construction grants, (B) increase the amounts specified for 2 existing intersegmental projects, (C) authorize instead of require the California Community Colleges to fund construction grants using local financing issued by community college districts, and (D) delete 2 intersegmental projects between the California Community Colleges and the University of California. The bill would require a community college that has already received an allocation of resources to revert those General Fund resources by June 29, 2024, or upon the enactment of the Budget Act of 2024, whichever is later.This bill would state the intent of the Legislature that no later than the Budget Act of 2024, a statewide lease revenue bond or other statewide financing or fiscal approach be developed and included to support the community college affordable student housing projects that have been approved pursuant to the Higher Education Student Housing Grant Program.(2) Existing law establishes the Golden State Teacher Grant Program under the administration of the Student Aid Commission to award grants to students enrolled in professional preparation programs leading to a preliminary teaching credential or a pupil personnel services credential who commit to work for 4 years at a priority school or a California preschool program, as provided. Existing law authorizes the Commission on Teacher Credentialing to determine that a private postsecondary educational institution that offers a professional preparation program approved by the Commission on Teacher Credentialing qualifies for the program if the institution meets certain criteria, including that the institution is accredited by the Senior Colleges and Universities Commission of the Western Association of Schools and Colleges. Existing law requires the Student Aid Commission to provide one-time grant funds of up to $10,000 to each enrolled student in a private postsecondary educational institution qualified for the program under these provisions, as specified.This bill would specify that the student be a California resident and that, of the funds appropriated in support of the Golden State Teacher Grant Program, no more than 8% of the total funding may be allocated for purposes of the one-time grants described above. The bill would require that the private postsecondary educational institution be accredited by either the Senior Colleges and Universities Commission of the Western Association of Schools and Colleges or by an agency recognized by the United States Department of Education. If the institution has no physical presence in California, the bill would require the institution to contract with the Bureau of Private Postsecondary Education to respond to California resident student complaints, as provided.(3) Existing law establishes the California Kids
CA AB 1437 - Sharon Quirk-Silva
Medi-Cal: serious mental illness.
09/12/2023 - In Assembly. Ordered to Engrossing and Enrolling.
AB 1437, as amended, Irwin. Medi-Cal: serious mental illness. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.Existing law sets forth a schedule of benefits under the Medi-Cal program, including specialty and nonspecialty mental health services through different delivery systems, in certain cases subject to utilization controls, such as prior authorization. Under existing law, prior authorization is approval of a specified service in advance of the rendering of that service based upon a determination of medical necessity. Existing law sets forth various provisions relating to processing, or appealing the decision of, treatment authorization requests, and provisions relating to certain services requiring or not requiring a treatment authorization request.After a determination of cost benefit, existing law requires the Director of Health Care Services to modify or eliminate the requirement of prior authorization as a control for treatment, supplies, or equipment that costs less than $100, except for prescribed drugs, as specified.Under this bill, a prescription refill for a drug for serious mental illness would automatically be approved for a period of 365 days after the initial prescription is dispensed.The bill would condition the above-described provisions on the prescription being for a person 18 years of age or over, and on the person not being within the transition jurisdiction of the juvenile court, as specified.
CA AB 1451 - Corey A. Jackson
Urgent and emergency mental health and substance use disorder treatment.
10/07/2023 - Vetoed by Governor.
AB 1451, Jackson. Urgent and emergency mental health and substance use disorder treatment. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan or health insurer that provides hospital, medical, or surgical coverage shall provide coverage for medically necessary treatment of mental health and substance use disorders, under the same terms and conditions applied to other medical conditions, as specified. Existing law also includes requirements for timely access to care, including mental health services, including a requirement that a health care service plan or health insurer provide or arrange for the provision of covered health care services in a timely manner appropriate for the nature of the enrollee’s or insured’s condition consistent with good professional practice.This bill would require a health care service plan contract or health insurance policy issued, amended, renewed, or delivered on or after January 1, 2024, to provide coverage for treatment of urgent and emergency mental health and substance use disorders. The bill would require the treatment to be provided without preauthorization, and to be reimbursed in a timely manner, pursuant to specified provisions. The bill’s provisions would only be implemented upon appropriation by the Legislature for administrative costs of the departments. The bill would clarify that it would not relieve a health plan or insurer of existing obligations, as specified. Because a violation of the bill’s requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 1470 - Sharon Quirk-Silva
Medi-Cal: behavioral health services: documentation standards.
09/13/2023 - In Senate. Held at Desk.
AB 1470, as amended, Quirk-Silva. Medi-Cal: behavioral health services: documentation standards. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including behavioral health services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law establishes the California Advancing and Innovating Medi-Cal (CalAIM) initiative, subject to receipt of any necessary federal approvals and the availability of federal financial participation, in order to, among other things, improve quality outcomes and reduce health disparities.The bill, as part of CalAIM, and with respect to behavioral health services provided under the Medi-Cal program, would require the department to standardize data elements relating to documentation requirements, including, but not limited to, medically necessary criteria, and would require the department to develop standard forms containing information necessary to properly adjudicate claims pursuant to CalAIM Terms and Conditions. The bill would require the department to consult with representatives of specified associations and programs for purposes of implementing these provisions.The bill would require the department to conduct, on or before July 1, 2025, regional trainings for personnel and provider networks of applicable entities, including county mental health plans, Medi-Cal managed care plans, and entities within the fee-for-service delivery system, on proper completion of the standard forms. The bill would require each applicable entity to distribute the training material and standard forms to its provider networks, and to commence, no later than July 1, 2025, using the standard forms. The bill would require providers of applicable entities to use those forms, as specified. The bill would authorize the department to restrict the imposition of additional documentation requirements beyond those included on standard forms, as specified.The bill would require the department to conduct an analysis on the status of utilization of the standard forms by applicable entities, and on the status of the trainings and training material, in order to determine the effectiveness of implementation of the above-described provisions. The bill would require the department to prepare a report containing findings from the analysis no later than July 1, 2026, and a followup report no later than July 1, 2028, and to submit each report to the Legislature and post it on the department’s internet website.
CA AB 1478 - Sabrina Cervantes
Maternal health: community-based comprehensive perinatal care: database of referral networks.
10/07/2023 - Vetoed by Governor.
AB 1478, Cervantes. Maternal health: community-based comprehensive perinatal care: database of referral networks. Existing law requires the State Department of Public Health to develop and maintain a statewide comprehensive community-based perinatal services program. Existing law also requires the department to enter into contracts, grants, or agreements with health care providers to deliver these services in a coordinated effort in medically underserved areas or areas with demonstrated need.This bill would require, upon appropriation by the Legislature, the department to develop and maintain on its internet website a database of referral networks of community-based mental health providers and support services addressing, among other topics, postpartum depression and prenatal care, as specified, in the above-described areas. The bill would require the database to include information on mental health providers and support groups that allow patient-driven care access, as specified. The bill would require the department to update the database annually to ensure the database contains up-to-date information.
CA AB 1479 - Eduardo Garcia
Pupil health: social-emotional, behavioral, and mental health supports.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 1479, Garcia. Pupil health: social-emotional, behavioral, and mental health supports. Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work, including school psychologists and counselors.This bill would establish the Pupil Social-Emotional, Behavioral, and Mental Health Program, to be administered by the State Department of Education, to provide eligible local educational agencies with an allocation of moneys to provide Model Tier 1 Support, as defined, accessible to pupils and families. The bill would require all schools within a school district or county office of education, and charter schools that meet certain criteria and have a plan approved by the department to provide evidence-based, Tier 1 social-emotional, behavioral, and mental health support accessible to pupils and families, to be eligible for an apportionment of state funds under the program for those purposes, as provided. The bill would condition the implementation of these provisions upon an appropriation by the Legislature.
CA AB 1487 - Miguel Santiago
Public health: Transgender, Gender Variant, and Intersex Wellness Reentry Fund.
09/15/2023 - Enrolled and presented to the Governor at 4 p.m.
AB 1487, Santiago. Public health: Transgender, Gender Variant, and Intersex Wellness Reentry Fund. Existing law establishes the Transgender Wellness and Equity Fund, under the administration of the State Department of Public Health’s Office of Health Equity, for the purposes of funding grants to create programs, or funding existing programs, focused on coordinating trans-inclusive health care for individuals who identify as transgender, gender nonconforming, or intersex.This bill would, upon appropriation by the Legislature, create the Transgender, Gender Variant, and Intersex Wellness Reentry Fund for purposes of funding grants to create programs, or funding existing programs, focused on reentry programming specifically to support transgender, gender variant, and intersex people who have experienced carceral systems. The bill would make legislative findings and declarations.
CA AB 1497 - Matt Haney
Criminal procedure.
05/18/2023 - In committee: Held under submission.
AB 1497, as amended, Haney. Criminal procedure. (1) Existing law, in a criminal trial, allows evidence of mental disease, mental defect, or mental disorder solely for the issue of whether or not the accused actually formed a required specific intent, premeditated, deliberated, or harbored malice aforethought, when a specific intent crime is charged.This bill would instead allow that evidence for the issue of whether or not the accused actually formed the required mental state for the crime that is charged, including whether or not the accused committed a willful act, premeditated, deliberated, harbored malice aforethought, acted knowingly, acted maliciously, or acted with conscious disregard for human life.(2) Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking, intimate partner violence, or sexual violence, to petition the court, under penalty of perjury, for vacatur relief. To receive that relief, existing law requires that the person establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking, intimate partner violence, or sexual violence, which demonstrates that the person lacked the requisite intent to commit the offense. Existing law requires the court, under those circumstances, to find that the person lacked the requisite intent to commit the offense and to vacate the conviction as invalid due to legal defect at the time of the arrest or conviction.This bill would allow that relief for a person arrested or convicted of any offense. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.(3) Existing law creates an affirmative defense against a charge of a crime that the person was coerced to commit the offense as a direct result of being a victim of human trafficking, intimate partner violence, or sexual violence at the time of the offense and when the person had reasonable fear of harm. Existing law prohibits this defense from being used with respect to a violent felony, as defined.This bill would allow that defense to be used with respect to a violent felony.(4) If a court issues an order for a person who was arrested or convicted of an offense while they were a victim of intimate partner violence or sexual violence, existing law requires the court to order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner to seal their records of the arrest and the court order to seal and destroy the records within 3 years from the date of the arrest, or within one year after the court order is granted, whichever occurs later, and thereafter to destroy their records of the arrest and the court order to seal and destroy those records.This bill would require the court to also order any law enforcement agency that has taken action or maintains records because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole, to seal and destroy their records. The bill would require the agencies mentioned above to seal their records of arrest and court order to seal and destroy the records within one year from the date of arrest, or within 90 days after the court order is granted, whichever occurs later. The bill would require the agencies to destroy these records within one year of the date of the court order. The bill would also require the Department of Justice to notify the petitioner and the petitioner’s counsel that the department has complied with the order to seal the arrest records by the applicable deadline.(5) Existing law requires the court, when a judgment of imprisonment is imposed and specifies 3 possible terms, to impose the middle term unless there are circumstances in aggravation or mitigation of the crime. Existing law requires t
CA AB 1499 - Rebecca Bauer-Kahan
Social services: Coordination of Care for At-Risk Individuals Grant Program.
05/18/2023 - In committee: Held under submission.
AB 1499, as amended, Bauer-Kahan. Social services: Coordination of Care for At-Risk Individuals Grant Program. Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency and requires the department to administer various housing programs. Existing law requires agencies and departments administering state programs to collaborate with the California Interagency Council on Homelessness to adopt guidelines and regulations that incorporate core components of housing policy, including Housing First.Existing law contains provisions governing the operation and financing of community mental health services for persons with mental health disorders in every county through locally administered and locally controlled community mental health programs. This bill would require, upon appropriation by the Legislature, the Department of Housing and Community Development to establish the Coordination of Care for At-Risk Individuals Grant Program to provide grants to counties currently enrolled in the Data Driver Recovery Project for the innovative identification and intervention of frequent utilizers, as defined, and to aid in providing those individuals with services. This bill would require a grant recipient to meet specified criteria, including an expressed intent in coordinating with fellow counties to share data in order to identify frequent utilizers. The bill would require an applicant to the program to provide a proposal containing specified information, including a viable plan to identify frequent utilizers and performance metrics and goals the applicant seeks to achieve through the program.The bill would require the department to score applicants to the program competitively according to specified criteria. The bill would require a grant recipient to use prearrest diversion when applicable and provide other services to vulnerable individuals to promote anti-recidivism, among others. The bill would require the department to distribute funds allocated to a grant recipient for a term of 3 years, subject to automatic renewal. The bill would also require a grant recipient to then execute contracts with community-based organizations to provide services to frequent utilizers.The bill would require a grant recipient to submit an annual report to the department on specified information, including the types of services provided to frequent utilizers and whether the grant recipient met the performance metrics identified in their application.
CA AB 1503 - Alexander T. Lee
Pupil attendance: excused absences: religious retreats.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 1503, Lee. Pupil attendance: excused absences: religious retreats. Existing law, notwithstanding the requirement that each person between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, for certain justifiable personal reasons. Existing law includes attendance at a religious retreat among these justifiable personal reasons and prohibits attendance at religious retreats from exceeding 4 hours per semester for purposes of this provision.This bill, for purposes of the above-described provisions, would instead prohibit attendance at religious retreats from exceeding one schoolday per semester. To the extent that this bill would impose additional duties on local educational entities, the bill would impose a state-mandated local program.This bill would incorporate additional changes to Section 48205 of the Education Code proposed by SB 350 to be operative only if this bill and SB 350 are enacted and this bill is enacted last.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 1506 - Sharon Quirk-Silva
Foster youth.
09/11/2023 - Consideration of Governor's veto stricken from file.
AB 1506, Quirk-Silva. Foster youth. Existing law generally provides for the placement of foster youth in various placement settings and governs the provision of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed.Existing law grants specified rights to all minors and nonminors in foster care, including, among others, the right to receive medical, dental, vision, and mental health services, the right to be informed of these rights in an age and developmentally appropriate manner, and the right to receive a copy of these rights at specified intervals.This bill would expand these rights to include the opportunity for a child to return to their school to collect their belongings when a move or change in placement requires the child to change schools.
CA AB 1509 - Sharon Quirk-Silva
Pupil instruction: State Board of Education: exam and course programs.
05/15/2023 - From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
AB 1509, as amended, Quirk-Silva. Pupil instruction: State Board of Education: exam and course programs. (1) Existing law appropriates, for the 2021–22 fiscal year, funds from the General Fund to the Superintendent for allocation for the A–G Completion Improvement Grant Program and makes these funds available for expenditure or encumbrance through the 2025–26 fiscal year. Existing law requires grants awarded by that program to be used for activities that directly support pupil access to, and successful completion of, the A–G course requirements, including, but not limited to, paying Advanced Placement and International Baccalaureate fees for unduplicated pupils.This bill would authorize the State Board of Education, for purposes of authorized A–G Completion Improvement Grant fund activities, to expressly approve fees for unduplicated pupils for additional exam programs, and would require the state board to begin to develop the approval criteria, as provided. By expanding the purposes for which appropriated funds may be spent, the bill would make an appropriation.(2) Existing law authorizes a school district to evaluate a principal annually for the principal’s first and 2nd year of employment as a new principal and authorizes additional evaluations, as specified. Existing law authorizes the criteria for school principal evaluations to be based upon the California Professional Standards for Educational Leaders and to include evidence of, among other things, pupil academic growth. Existing law authorizes pupil academic growth to be evaluated pursuant to local and state academic assessments, including, among others, state standardized assessments and performance assessments.This bill would authorize the state board to expressly authorize additional exams that may be used to measure pupil academic growth for a principal evaluation, and would require the state board to begin to develop the approval criteria, as provided.(3) Existing law authorizes the governing board of a school district to provide access to a comprehensive educational counseling program for all pupils enrolled in the school district. For schools that enroll pupils in grades 6 to 12, inclusive, existing law defines educational counseling to include, among other things, counseling to encourage participation in advanced placement and international baccalaureate programs.This bill would authorize the state board to approve additional exam programs that an educational counseling program is expressly authorized to encourage participation in, and would require the state board to begin to develop the approval criteria, as provided.(4) Existing law requires the governing board of each school district and county board of education to adopt a local control and accountability plan and to update its respective local control and accountability plan before July 1 of each year. Existing law requires a local control and accountability plan to include, among other things, a description of the annual goals to be achieved for each state priority, as specified, for all pupils and certain subgroups of pupils. The state’s delineated priorities include, among others, pupil achievement as measured by, and as applicable, among other things, the percentage of pupils who have passed an advanced placement examination with a score of 3 or higher.This bill would authorize the state board to approve additional examinations, and their respective scores, for purposes of measuring pupil achievement, and would require the state board to begin to develop the approval criteria, as provided. To the extent the state board’s approval of additional examinations and scores would impose additional duties on school districts and county boards of education in regard to local control and accountability plans, the bill would impose a state-mandated local program.(5) Existing law establishes the Golden State Pathways Program to promote pathways in high-wage, high-skill, high-growth areas, including technology, he
CA AB 1510 - Juan Alanis
Fighting Fentanyl Bond Act of 2024.
07/13/2023 - From committee chair, with author's amendments: Amend, and re-refer to Com. on GOV. & F. Read second time and amended.
AB 1510, as amended, Jones-Sawyer. Fighting Fentanyl Bond Act of 2024. Existing law sets forth various programs relating to opioid overdose prevention and treatment, including, among others, standing orders for the distribution of an opioid antagonist, a naloxone grant program, and a grant program to reduce fentanyl overdoses and use throughout the state. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl.This bill would enact the Fighting Fentanyl Bond Act of 2024, which, if adopted, would authorize the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount of $____, for purposes of financing, among other things, substance use treatment, harm reduction programs, supportive services for students, programs targeting drug trafficking, substance use treatment programs in prisons and juvenile facilities, and recovery housing and transitional housing for previously incarcerated individuals, as specified.The bill would provide for submission of the bond act to the voters at the November 5, 2024, statewide general election in accordance with specified law.This bill would declare that it is to take effect immediately as an urgency statute.
CA AB 152 - House Budget Committee
Background checks and fingerprinting: state employment, licensing, and contracting.
09/13/2023 - Re-referred to Com. on B. & F.R.
AB 152, as amended, Committee on Budget. Background checks and fingerprinting: state employment, licensing, and contracting. (1) Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, as specified. Existing law authorizes the Department of Justice to transmit fingerprint images and related information to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check pursuant to a referencing statute. Existing law requires the department to review the information returned from the Federal Bureau of Investigation, and to compile and disseminate a response or a fitness determination to the agency or entity identified in the referencing statute.This bill would require the Office of Youth and Community Restoration, the State Department of State Hospitals, the Department of Financial Protection and Innovation, the California Horse Racing Board, the Department of Toxic Substances Control, the Department of Real Estate, the Department of Housing and Community Development, the Department of General Services, the Treasurer’s office, and the Controller’s office to submit to the Department of Justice fingerprint images and related information required by the Department of Justice for specified individuals, including employees, prospective employees, and contractors, as applicable.This bill would also require the State Department of Public Health to require an applicant for a human prescription drug manufacturing license to submit fingerprint images, and related information as required, to the Department of Justice.The bill would require the Department of Justice to provide a state- or federal-level response, as specified.This bill would require the Department of Real Estate and the Department of Housing and Community Development to require certain services contracts, interagency agreements, or public entity agreements to include a provision requiring the contractor to agree to perform criminal background checks on its employees and subcontractors who will have access to specified information.(2) Existing law establishes the Department of Financial Protection and Innovation in the Business, Consumer Services, and Housing Agency, headed by the Commissioner of Financial Protection and Innovation. Under existing law, the department has charge of the execution of specified laws relating to various financial institutions and financial services, including banks, trust companies, credit unions, finance lenders, and residential mortgage lenders. Existing law authorizes the commissioner to deliver, or cause to be delivered, to local, state, or federal law enforcement agencies fingerprints taken of specified individuals, including, among others, an applicant for employment with the department.This bill would require the department to require fingerprint images from any department employee, prospective employee or applicant seeking employment within the department, contractor, subcontractor, volunteer, or vendor who may have access to criminal offender record information. The bill would require the Department of Justice to forward a request for national-level criminal offender record information to the Federal Bureau of Investigation and compile and disseminate the information returned, as specified.(3) Existing law requires the Department of FISCal to require fingerprint images and associated information from any employee, prospective employee, contractor, subcontractor, volunteer, vendor, or partner agency employee whose duties include, or would include, having access to confidential or sensitive information or data on the network or computing infrastructure, as provided.This bill would instead require the Department of FISCal to require fingerprint images and associated related information from any department employee, pr
CA AB 1549 - Wendy Maria Carrillo
Medi-Cal: federally qualified health centers and rural health clinics.
05/17/2023 - In committee: Set, first hearing. Referred to suspense file.
AB 1549, as amended, Wendy Carrillo. Medi-Cal: federally qualified health centers and rural health clinics. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including federally qualified health center services and rural health clinic services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.Under existing law, to the extent that federal financial participation is available, FQHC and RHC services are reimbursed on a per-visit basis, as specified.This bill would, among other things, require that per-visit rate to account for the costs of the FQHC or RHC that are reasonable and related to the provision of covered services, including the specific staffing and care delivery models used by the FQHC and RHC to deliver those services. The bill would also require the rate for any newly qualified health center to include the cost of care coordination services provided by the health center, as specified.
CA AB 1565 - Reginald Byron Jones-Sawyer Sr.
California Cannabis Tax Fund: local equity program grants.
09/01/2023 - In committee: Held under submission.
AB 1565, as introduced, Jones-Sawyer. California Cannabis Tax Fund: local equity program grants. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA establishes the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency to administer the act. Under existing law, the California Cannabis Equity Act, a local equity program is a program adopted or operated by a local jurisdiction that focuses on inclusion and support of individuals and communities in California’s cannabis industry who are linked to populations or neighborhoods that were negatively or disproportionately impacted by cannabis criminalization, as specified. The act authorizes the department to provide technical assistance to a local equity program that helps local equity applicants or local equity licensees, as defined. Under that act, the Governor’s Office of Business and Economic Development is required to administer a grant program to assist a local jurisdiction with the development of a local equity program or to assist local equity applicants and local equity licensees through a local equity program, as specified.Existing law establishes the California Cannabis Tax Fund as a continuously appropriated special fund consisting of specified taxes, interest, penalties, and other amounts related to commercial cannabis activity. Each fiscal year, AUMA requires the Controller to make disbursements from the fund pursuant to a specified schedule. Existing law authorizes the Legislature to amend, on and after July 1, 2028, the provisions relating to the disbursement and allocation of moneys in the fund by majority vote to further the purposes of AUMA, as specified.This bill would require, effective July 1, 2028, the Controller to disburse up to $15,000,000, as specified, to the department for the 2028–29 fiscal year and every fiscal year thereafter. The bill would require the department to use the disbursements to support local equity programs in eligible local jurisdictions to assist local equity applicants and licensees gaining entry into, and to successfully operate in, the state’s regulated cannabis marketplace, as specified. By expanding the purposes for which continuously appropriated moneys may be used, the bill would make an appropriation. The bill would declare that its provisions further the purposes and intent of AUMA.
CA AB 1575 - Jacqui V. Irwin
Postsecondary education: student mental health.
02/17/2023 - Read first time. To print.
AB 1575, as introduced, Irwin.
Postsecondary education: student mental health.
Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges, the California State University under the administration of the Trustees of the California State University, and the University of California under the administration of the Regents of the University of California as the 3 segments of public postsecondary education in the state. Existing law authorizes each campus of the California State University, the California Community Colleges, and the University of California to establish a campus mental health hotline for students to access mental health services remotely.This bill would declare the Legislature’s intent to enact subsequent legislation relating to student mental health at postsecondary educational institutions.
CA AB 1584 - Akilah Faizah Weber
Criminal procedure: competence to stand trial.
09/01/2023 - In committee: Held under submission.
AB 1584, as amended, Weber. Criminal procedure: competence to stand trial. Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which, if the mental competency of a defendant is in doubt, the defendant’s mental competency is evaluated and the defendant receives treatment with the goal of returning the defendant to competency, as specified. Existing law requires a court to appoint 2 mental health professionals to examine a defendant if the defendant is seeking a finding of mental incompetence.This bill would only require the appointment of a 2nd mental health professional if requested by the defendant. The bill would require the evaluating mental health professional to submit a report to the court within 30 days and would specify the required contents of the report. The bill would also clarify that any statements made by the defendant as part of the evaluation are inadmissible in subsequent proceedings.This bill would authorize the court, if no objection is made to the report, to make a finding of the defendant’s competence based on the report. The bill would, if any party objects to the report, require the court to hold a hearing to determine competence, as specified.Existing law, in the case of a defendant charged with a felony, requires that, upon a finding of mental incompetence, the proceedings be suspended until the defendant regains competence. Existing law prescribes a program of pretrial diversion for defendants with a diagnosed mental disorder whose disorder was a significant factor in the commission of their offense. Under existing law, persons charged with certain offenses, including murder, rape, sexual abuse of a child, and possession of a weapon of mass destruction, are ineligible for diversion.This bill would require the court, upon a finding of mental incompetence of a defendant charged with a felony that is not ineligible for diversion, to determine if it is in the interests of justice to restore the defendant to competence. The bill would require the court, if the restoration of the defendant’s mental competence is not in the interests of justice, to either grant mental health diversion to the defendant or dismiss the charges against the defendant, as specified.If a defendant is returned to court having not been restored to mental competence, this bill would require the defendant to be presumed incompetent and, if the charges are not dismissed, be returned to treatment, as specified.The bill would make other conforming changes.
CA AB 1601 - David Alvarez
Cannabis: enforcement by local jurisdictions.
05/01/2023 - Re-referred to Coms. on B. & P. and JUD. pursuant to Assembly Rule 96.
AB 1601, as amended, Alvarez. Cannabis: enforcement by local jurisdictions. The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA establishes the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency to administer the act, and requires the department to be under the supervision and control of a director. MAUCRSA tasks the department with enforcement of MAUCRSA, but provides that it does not supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to licensees under the act. MAUCRSA specifies grounds for disciplinary action under the act and provides that a person engaging in commercial cannabis activity without a license is subject to civil penalties, as specified. MAUCRSA authorizes the Attorney General, a county counsel, a city attorney, or a city prosecutor to bring an action, and requires the penalty to first be used to reimburse the prosecuting agency for specified costs of bringing the action, with the remainder, if any, to be deposited in the General Fund.This bill would provide that grounds for disciplinary actions under MAUCRSA against a licensee include concealment of illegal business activities, including tax evasion and money laundering, by a licensee, or by an officer, director, owner, or authorized agent acting on behalf of the licensee. The bill would authorize a local jurisdiction to take disciplinary action against a licensee for illegal business activities by the licensee, or for concealment of illegal business activities, by a licensee, or by an officer, director, owner, or authorized agent acting on behalf of the licensee.This bill would require, in an action brought by a county counsel, city attorney, or city prosecutor, the penalty to first be used to reimburse the prosecuting agency for specified costs in bringing the action, with 50% of the remainder, if any, paid to the county or city, as applicable, and the other 50% to be deposited into the General Fund.
CA AB 1616 - Thomas W. Lackey
California Cannabis Tax Fund: Board of State and Community Corrections grants.
06/26/2023 - From committee: Do pass and re-refer to Com. on PUB S. (Ayes 9. Noes 2.) (June 26). Re-referred to Com. on PUB S.
AB 1616, as introduced, Lackey. California Cannabis Tax Fund: Board of State and Community Corrections grants. Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing law establishes the California Cannabis Tax Fund as a continuously appropriated fund consisting of specified taxes, interest, penalties, and other amounts related to commercial cannabis activity. Each fiscal year, AUMA requires the Controller to make specified disbursements from the fund, including amounts to the Board of State and Community Corrections for making grants to local governments to assist with law enforcement, fire protection, and other local programs addressing public health and safety associated with the implementation of AUMA. AUMA prohibits the board from making grants to local governments that ban both indoor and outdoor commercial cannabis cultivation, or ban retail sale of cannabis or cannabis products.This bill would require the Board of State and Community Corrections to prioritize local governments whose programs seek to address the unlawful cultivation and sale of cannabis. The bill would also authorize the board to make grants to local governments that ban both indoor and outdoor commercial cannabis cultivation, or ban retail sale of cannabis or cannabis products.AUMA authorizes the Legislature to amend its provisions with a 2/3 vote of both houses to further its purposes and intent, except as specified.This bill would declare that its provisions further the purposes and intent of AUMA.
CA AB 1624 - Dawn Addis
Mental health: patients’ rights programs.
02/17/2023 - Read first time. To print.
AB 1624, as introduced, Addis.
Mental health: patients’ rights programs.
Existing law requires the State Department of State Hospitals and the State Department of Health Care Services to contract with a single nonprofit entity to provide for protection and advocacy services to persons with mental disabilities, as specified.This bill would make a technical, nonsubstantive change to that provision.
CA AB 1634 - Rebecca Bauer-Kahan
Mental Health Services Oversight and Accountability Commission.
02/17/2023 - Read first time. To print.
AB 1634, as introduced, Bauer-Kahan.
Mental Health Services Oversight and Accountability Commission.
Existing law, the Mental Health Services Act, an initiative statute enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission, and requires the commission to adopt regulations for programs and expenditures for innovative programs and prevention and early intervention programs established by the act. Existing law requires regulations adopted by the State Department of Health Care Services to be consistent with the commission’s regulations. Existing law authorizes the commission to provide technical assistance to a county mental health plan, as specified. This bill would make technical, nonsubstantive changes to these provisions.
CA AB 1636 - Miguel Santiago
Mental health services.
04/05/2023 - In committee: Set, first hearing. Hearing canceled at the request of author.
AB 1636, as amended, Santiago. Mental health services. Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs. The MHSA also established the Mental Health Services Oversight and Accountability Commission to oversee the administration of various parts of the act. This bill would require the commission to develop, implement, and oversee a public and comprehensive framework for tracking and reporting spending on mental health programs and services from all major fund sources and of program- and service-level and statewide outcome data, as specified. The bill would require counties to report to the commission their expenses in specific categories, including, but not limited to, inpatient care or intensive outpatient services, as well as their unspent funding from all major funding sources. By imposing new reporting requirements on counties, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 1644 - Buffy Wicks
Medi-Cal: medically supportive food and nutrition services.
05/18/2023 - In committee: Held under submission.
AB 1644, as amended, Bonta. Medi-Cal: medically supportive food and nutrition services. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.Existing law requires the department to establish the Medically Tailored Meals Pilot Program and the Short-Term Medically Tailored Meals Intervention Services Program, to operate in specified counties and during limited periods for the purpose of providing medically tailored meal intervention services to eligible Medi-Cal beneficiaries with certain health conditions, including congestive heart failure, cancer, diabetes, chronic obstructive pulmonary disease, or renal disease.Existing law, subject to implementation of the California Advancing and Innovating Medi-Cal (CalAIM) initiative, authorizes a Medi-Cal managed care plan to elect to cover community supports approved by the department as cost effective and medically appropriate in a comprehensive risk contract that are in lieu of applicable Medi-Cal state plan services. Under existing law, community supports that the department is authorized to approve include, among other things, medically supportive food and nutrition services, including medically tailored meals.This bill would make medically supportive food and nutrition interventions, as defined, a covered benefit under the Medi-Cal program, upon issuance of final guidance by the department. The bill would require medically supportive food and nutrition interventions to be covered when determined to be medically necessary by a health care provider or health care plan, as specified. In order to qualify for coverage under the Medi-Cal program, the bill would require a patient to be offered at least 3 of 6 specified medically supportive food and nutrition interventions and for the interventions to be provided for a minimum duration of 12 weeks, as specified. The bill would only provide coverage for nutrition support interventions when paired with the provision of food through one of the 3 offered interventions. The bill would require a health care provider to match the acuity of a patient’s condition to the intensity and duration of the medically supportive food and nutrition intervention and include culturally appropriate foods whenever possible.The bill would establish a medically supportive food and nutrition benefit advisory workgroup to advise the department in developing final guidance related to eligible populations, the duration and dosage of medically supportive food and nutrition interventions, the ratesetting process, determination of permitted providers, and continuing education for health care providers, as specified. The bill would require the workgroup to include certain stakeholders knowledgeable in medically supportive food and nutrition interventions and stakeholders from Medi-Cal consumer advocacy organizations. The bill would require the workgroup to meet at least quarterly and would require the department to issue final guidance on or before July 1, 2026. The bill would also include findings and declarations of the Legislature relating to the need for medically supportive food and nutrition intervention coverage under the Medi-Cal program.
CA AB 1647 - Esmeralda Soria
Veterans treatment courts: grant program.
06/07/2023 - Referred to Coms. on PUB S. and M. & V.A.
AB 1647, as amended, Soria. Veterans treatment courts: grant program. Existing law establishes a statewide system of courts with a superior court of one or more judges in each county. Existing law authorizes the Judicial Council to prescribe the methods, means, and standards for electronic collection of data related to court administration, practice, and procedure.Existing law requires a criminal court to make a determination as to whether a defendant who was a member of the United States military may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of the person’s service. Existing law allows the court to consider these circumstances in granting probation, referring the defendant to mental health treatment, and granting restorative relief, as provided. Existing law authorizes a court to grant restorative relief to a veteran defendant who was granted probation and who met specified criteria, including successful participation in court-ordered treatment services to address sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from military service.This bill, until January 1, 2029, would require that, on appropriation by the Legislature, the Judicial Council operate a grant program to establish and support veterans treatment courts or the equivalent services in counties where veterans treatment courts would be inefficient or impracticable. The bill would require the Judicial Council to establish standards and procedures for the operation of veterans courts, and condition the award of grant funds on adherence to those standards and procedures. The bill would require veterans treatment courts that receive grant funds to report information to the Judicial Council, as specified. The bill would also require the Judicial Council to report information to the Legislature, as specified.
CA AB 1671 - Albert Y. Muratsuchi
Pupil mental health: services.
02/17/2023 - Read first time. To print.
AB 1671, as introduced, Muratsuchi.
Pupil mental health: services.
Existing law requires a school of a school district or county office of education and a charter school to notify pupils and parents or guardians of pupils no less than twice during the school year on how to initiate access to available pupil mental health services on campus or in the community, or both, using at least 2 of specified methods, as provided.This bill would make nonsubstantive changes to those provisions.
CA AB 1674 - Sharon Quirk-Silva
Mental health advocacy.
02/17/2023 - Read first time. To print.
AB 1674, as introduced, Quirk-Silva.
Mental health advocacy.
Existing law requires the State Department of State Hospitals and the State Department of Health Care Services to contract with a single nonprofit entity to provide protection and advocacy services to persons with mental disabilities. Under existing law, the contracted entity is responsible for ensuring that mental health laws, regulations, and policies on the rights of recipients of mental health services are observed in state hospitals and in licensed health and community care facilities.This bill would make technical, nonsubstantive changes to these provisions.
CA AB 1676 - Sharon Quirk-Silva
Mental health: patients’ rights programs.
02/17/2023 - Read first time. To print.
AB 1676, as introduced, Quirk-Silva.
Mental health: patients’ rights programs.
Existing law requires the State Department of State Hospitals and the State Department of Health Care Services to contract with a single nonprofit entity to provide for protection and advocacy services to persons with mental disabilities, as specified.This bill would make a technical, nonsubstantive change to that provision.
CA AB 1697 - Pilar Schiavo
Uniform Electronic Transactions Act.
09/13/2023 - Enrolled and presented to the Governor at 3 p.m.
AB 1697, Schiavo. Uniform Electronic Transactions Act. Existing law, the Uniform Electronic Transactions Act, provides that a record or signature may not be denied legal effect or enforceability solely because it is in electronic form. The act exempts from its provisions, among other things, specific transactions, including an authorization for the release of medical information by a provider of health care, health care service plan, pharmaceutical company, or contractor and an authorization for the release of genetic test results by a health care service plan under the Confidentiality of Medical Information Act.This bill would delete the exemption for the above-described authorizations under the Confidentiality of Medical Information Act and would make conforming changes.Existing law requires that the authorization for release of medical information contain a specific end date.This bill would, instead, require that the authorization contain an expiration date or event, as defined, and would limit the duration of the authorization to one year or less, except as provided. The bill would also require that the person to whom the medical information pertains receives a copy of the authorization for that authorization to be valid.This bill would incorporate additional changes to Section 56.05 of the Civil Code proposed by AB 254 to be operative only if this bill and AB 254 are enacted and this bill is enacted last.
CA AB 1701 - Akilah Faizah Weber
Black infant health: California Perinatal Equity Initiative.
09/08/2023 - Chaptered by Secretary of State - Chapter 174, Statutes of 2023.
AB 1701, Weber. Black infant health: California Perinatal Equity Initiative. Existing law requires the State Department of Public Health, subject to an appropriation in the annual Budget Act, to establish the California Perinatal Equity Initiative to expand the scope of interventions provided under the Black Infant Health Program by fostering Community Centers of Excellence and promoting the use of interventions designed to fill gaps in current programming offered through the Black Infant Health Program. Existing law requires the department to develop a process to allocate funds to up to 15 county health departments, to work collaboratively with state and local Black Infant Health programs, for the purpose of improving Black infant birth outcomes and reducing infant mortality. This bill would expand the program to include city health departments, as specified.
CA AB 1707 - Blanca Pacheco
Health professionals and facilities: adverse actions based on another state’s law.
09/15/2023 - Enrolled and presented to the Governor at 4 p.m.
AB 1707, Pacheco. Health professionals and facilities: adverse actions based on another state’s law. Existing law establishes various boards within the Department of Consumer Affairs to license and regulate various health professionals. Existing law prohibits the Medical Board of California, the Osteopathic Medical Board of California, the Board of Registered Nursing, and the Physician Assistant Board from denying an application for licensure or suspending, revoking, or otherwise imposing discipline upon a licensee because the person was disciplined in another state in which they are licensed solely for performing an abortion in that state or because the person was convicted in another state for an offense related solely to performing an abortion in that state.Existing law provides for the licensure of clinics and health facilities by the Licensing and Certification Division of the State Department of Public Health. Existing law makes a violation of these provisions punishable as a misdemeanor, except as specified.This bill would prohibit a healing arts board under the Department of Consumer Affairs from denying an application for a license or imposing discipline upon a licensee or health care practitioner on the basis of a civil judgment, criminal conviction, or disciplinary action in another state that is based on the application of another state’s law that interferes with a person’s right to receive sensitive services, as defined, that would be lawful in this state, regardless of the patient’s location. The bill would similarly prohibit a health facility from denying staff privileges to, removing from medical staff, or restricting the staff privileges of a licensed health professional on the basis of such a civil judgment, criminal conviction, or disciplinary action imposed by another state. The bill also would also prohibit the denial, suspension, revocation, or limitation of a clinic or health facility license on the basis of those types of civil judgments, criminal convictions, or disciplinary actions imposed by another state. The bill would exempt from the above-specified provisions a civil judgment, criminal conviction, or disciplinary action imposed by another state based upon conduct in another state that would subject an applicant, licensee, or health care practitioner to a similar claim, charge, or action under the laws of this state. By imposing new prohibitions under the provisions related to clinics and health facilities, the violation of which is a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 1722 - Megan Dahle
Pupil health: credentialed school nurses, registered nurses, and licensed vocational nurses.
09/22/2023 - Enrolled and presented to the Governor at 11:30 a.m.
AB 1722, Megan Dahle. Pupil health: credentialed school nurses, registered nurses, and licensed vocational nurses. (1) Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils, and authorizes the governing board of a school district to employ properly certified persons for that work. Existing law authorizes a school nurse, if authorized by the governing board of the school district, to perform various pupil health care services. Existing law requires a school nurse to be currently licensed as a registered nurse, as provided, and to have met the minimum requirements for a credential in school nursing, as specified.This bill would require a licensed vocational nurse, as defined, hired pursuant to this bill to be supervised by a credentialed school nurse, as defined, who is employed as a school nurse at the same local educational agency (LEA) or at another LEA. The bill would prohibit interpreting that provision to allow a licensed vocational nurse to go beyond the approved scope of practice pursuant to the Vocational Nursing Practice Act. The bill would require an LEA employing a credentialed school nurse who is supervising a licensed vocational nurse at another LEA, and a credentialed school nurse who is supervising a licensed vocational nurse at another LEA, pursuant to these provisions to have indemnification for the supervisorial liability, as specified. The bill would require certain LEAs to enter into a written agreement containing specified information, including, among other information, a communication policy delineating how the licensed vocational nurse and the credentialed school nurse are to communicate, as provided. The bill would require an LEA to only hire a licensed vocational nurse if a diligent search has been conducted for a suitable credentialed school nurse each school year, as provided. The bill would require a local educational agency to seek approval from its governing board or body before hiring a licensed vocational nurse, including by submitting a declaration to its governing board or body containing certain information. The bill would require a local educational agency electing to hire a licensed vocational nurse to certify to the State Department of Education, upon penalty of perjury, that a diligent recruitment effort to hire a credentialed school nurse was made. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would, if an LEA uses its authority pursuant to the above-mentioned provisions, require the local educational agency to report its use of that authority to the department. The bill would require the department to, on or before January 1, 2028, submit a report to the Legislature containing a list of the LEAs that have used that authority, as provided. The bill would repeal the above-mentioned provisions on January 1, 2029.(2) Existing law requires the governing board of a school district to provide for the adequate testing of the sight and hearing of each pupil enrolled in the schools of the school district to be given only by specified persons, including, among others, certificated employees of the school district or of the county superintendent of schools who possess the qualifications prescribed by the Commission for Teacher Preparation and Licensing.This bill would expand that described authorization to allow those tests to be additionally given by certificated employees, registered nurses, or licensed vocational nurses, under the supervision of a credentialed school nurse, of the school district, charter school, or the county superintendent of schools who possess the qualifications prescribed by the Commission on Teacher Credentialing.(3) Existing law requires a school nurse or other authorized person to appraise the vision of a pupil during kindergarten, or upon first enrollment or entry of that pupil in a California school district at an elementary s
CA AB 1723 - Marie Waldron
Crimes: local carceral facility visitation.
09/01/2023 - In committee: Held under submission.
AB 1723, as amended, Waldron. Crimes: local carceral facility visitation. Existing law prescribes incarceration in the state prison as punishment for certain crimes. Existing law makes it a felony for a convicted felon who has been previously confined in a state prison to go upon the grounds of or land adjacent to a state or local carceral facility, as specified, without the consent of the warden or other officer in charge of the facility.This bill would require the Board of State and Community Corrections to, on or before January 1, 2025, adopt regulations that establish a uniform process to allow persons convicted of a felony who are employed by an organization that provides rehabilitative programming for or who are associated with an organization that provides mentorship to currently incarcerated individuals to go into a local carceral facility. The bill would provide that evidence of rehabilitation, as defined, is a basis to appeal a denial of entry by the sheriff or other administrator of the facility. By imposing additional duties on local carceral facilities, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 1735 - Evan Low
Transit districts: prohibition orders.
07/03/2023 - Enrolled and presented to the Governor at 3 p.m.
AB 1735, Low. Transit districts: prohibition orders. Existing law prohibits certain acts by a person with respect to the property, facilities, or vehicles of a transit district. A violation is generally an infraction punishable by a fine not exceeding $75 on a first offense, or on a subsequent offense by a fine not exceeding $250 or by community service.Existing law authorizes the Sacramento Regional Transit District, the Los Angeles County Metropolitan Transportation Authority, the Fresno Area Express, and the San Francisco Bay Area Rapid Transit District to issue a prohibition order to any person cited for committing one or more of certain prohibited acts in specified transit facilities. Existing law prohibits a person subject to the prohibition order from entering the property, facilities, or vehicles of the transit district for specified periods of time. Existing law establishes notice requirements in that regard and provides for initial and administrative review of the order.This bill would provide that the Santa Clara Valley Transportation Authority is a transit district for purposes of these provisions regarding prohibition orders.
CA AB 1738 - Wendy Maria Carrillo
Mobile Homeless Connect Pilot Program.
09/12/2023 - Ordered to inactive file at the request of Senator Cortese.
AB 1738, as amended, Wendy Carrillo. Mobile Homeless Connect Pilot Program. Existing law requires a fee of $26 to be paid to the Department of Motor Vehicles upon an application for an identification card. Existing law waives that fee for an original or replacement identification card issued to any person who can verify their status as a homeless person or homeless child or youth, and authorizes a homeless services provider with knowledge of the person’s housing status to verify the person’s status for this purpose. Existing law requires a fee of $30 to be paid to the department upon application for an original class C or M driver’s license.This bill, until January 1, 2029, would require the department to establish the Mobile Homeless Connect Pilot Program in specified areas to assist persons experiencing homelessness with obtaining an identification card. The bill would require the department, in collaboration with the Business, Consumer Services, and Housing Agency, to develop guidelines for each pilot project, as specified. The bill would require the department to submit an annual report about the program to the Legislature on or before January 1, 2026, and on or before each January 1 thereafter.
CA AB 1754 - House Judiciary Committee
Maintenance of the codes.
07/25/2023 - Enrolled and presented to the Governor at 4 p.m.
AB 1754, Committee on Judiciary. Maintenance of the codes. Existing law directs the Legislative Counsel to advise the Legislature from time to time as to legislation necessary to maintain the codes.This bill would make nonsubstantive changes in various provisions of the law to effectuate the recommendations made by the Legislative Counsel to the Legislature.
CA AB 1756 - House Judiciary Committee
Committee on Judiciary: judiciary omnibus.
09/12/2023 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.).
AB 1756, as amended, Committee on Judiciary. Committee on Judiciary: judiciary omnibus. (1) Existing law requires the Attorney General to maintain the Registry of Charitable Trusts, a register of charitable corporations, unincorporated associations, and trustees holding property for charitable purposes and fundraisers. Existing law also establishes the Registry of Charitable Trusts Fund in the State Treasury, and directs all registration fees, registration renewal fees, and late fees or other fees paid to the Department of Justice in relation to the Registry of Charitable Trusts be deposited into the fund. This bill would change the name of the Registry of Charitable Trusts to the Registry of Charities and Fundraisers. The bill would also change the name of the Registry of Charitable Trusts Fund to the Registry of Charities and Fundraisers Fund. The bill would also make conforming changes.(2) Existing law governs motor vehicle conditional sale contracts, as defined, and requires sellers of motor vehicles to make certain disclosures to buyers. Existing law authorizes a buyer to pay the entire indebtedness under the contract at any time before maturity without penalty, regardless of any contrary contract provision, as provided. Existing law provides for the determination of the outstanding obligation of the buyer if the indebtedness is satisfied before its maturity through surrender of the motor vehicle, repossession of the motor vehicle, redemption of the motor vehicle after repossession, or any judgment, and requires that the buyer’s outstanding obligation be computed as of the date the holder recovers the value of the motor vehicle through disposition thereof or judgment is entered or as of the date the holder takes possession of the motor vehicle, as applicable.This bill would make a technical change to these provisions relating to the determination of a buyer’s outstanding obligation if the indebtedness is satisfied by surrender of the motor vehicle, repossession of the motor vehicle, redemption of the motor vehicle after repossession, or any judgment.(3) Existing law governs the offer, sale, provision, or administration, in connection with a motor vehicle conditional sale contract, of a guaranteed asset protection waiver (GAP waiver), defined to mean an optional contractual obligation under which a seller agrees, for additional consideration, to cancel or waive all or part of amounts due on the buyer’s conditional sale contract subject to existing law in the event of a total loss or unrecovered theft of the motor vehicle specified in the conditional sale contract. Existing law also governs the termination of a GAP waiver, including the refund of GAP waiver costs on a termination, to be calculated as prescribed. Under existing law, if the termination occurs later than 30 days after the date the buyer purchased the GAP waiver, the buyer is entitled to a refund of the unearned GAP waiver charges, calculated on a pro rata basis according to a prescribed formula that uses figures relating to the period from the GAP waiver termination date to the original full term date of the conditional sale contract and to the original term of the conditional sale contract. A willful violation of these provisions is a crime.This bill, if the original full term of the conditional sale contract exceeded the original full term of the GAP waiver as of the date the buyer purchased the GAP waiver, would require in that case a formula that uses figures relating to the period from the GAP waiver termination date to the original full term date of the GAP waiver and to the original term of the GAP waiver. Because a willful violation of this provision would be a crime, this bill would impose a state-mandated local program. (4) Existing law provides that, in a civil action, before filing a demurrer, motion to strike, or motion for judgment on the pleadings, a party is required to meet and confer, in person or by telephone, with the opposing party to try
CA AB 1760 -
Fish and Game Code.
07/25/2023 - Enrolled and presented to the Governor at 4 p.m.
AB 1760, Committee on Water, Parks, and Wildlife. Fish and Game Code. (1) Existing law requires the California Law Revision Commission to study, and limits the commission to studying, topics approved by resolution of the Legislature or by statute. The Legislature has, by resolution, authorized and requested that the commission study whether the Fish and Game Code and related statutory law should be revised to improve its organization, clarify its meaning, resolve inconsistencies, eliminate unnecessary or obsolete provisions, standardize terminology, clarify program authority and funding sources, and make other minor improvements, without making any significant substantive change to the effect of the law.This bill would make technical revisions to provisions of the Fish and Game Code proposed by the commission.(2) Existing law requires that funds deposited in the Big Game Management Account be available for expenditure upon appropriation by the Legislature to the Department of Fish and Wildlife only for certain purposes, including, among other things, to implement programs to benefit wild pigs. This bill, beginning July 1, 2024, would eliminate the authorization to expend those funds to implement programs to benefit wild pigs.
CA AB 1764 - House Housing and Community Development Committee
Housing omnibus.
09/22/2023 - Enrolled and presented to the Governor at 11:30 a.m.
AB 1764, Committee on Housing and Community Development. Housing omnibus. (1) Existing law exempts a limited-equity housing cooperative or a workforce housing cooperative trust, as those terms are defined, from certain requirements governing subdivided lands, if the cooperative or trust complies with various conditions, including, among others, if specified federal or state agencies, banks, credit unions, financial institutions, or local government agencies, or a combination thereof, directly finance or subsidize a percentage of the total construction or development cost, as prescribed.This bill would also include a housing authority and a community development commission within the above-described entities, and would make other related and conforming changes to these provisions.(2) Existing law requires a landlord or their agent to provide an applicant requesting to rent a residential property with a receipt for the fee paid by the applicant, which itemizes the out-of-pocket expenses and time spent by the landlord or their agent to obtain and process information about the applicant.This bill would authorize the landlord or their agent and the applicant to agree to have the landlord provide a copy of the receipt for the fee paid by the applicant to an email account provided by the applicant.(3) Existing law, the Davis-Stirling Common Interest Development Act, regulates common interest developments. Existing law provides procedures governing the election of members of the board of directors of common interest development associations. Existing law authorizes an association to impose certain qualification requirements on a nominee for a board seat, including requiring a nominee to have been a member for at least one year, and disqualifying a nominee for a past criminal conviction that would, if the nominee were elected, either prevent the association from purchasing certain required insurance or terminate the association’s existing required insurance coverage, as specified. Under this bill, an association that disqualifies a nominee pursuant to the above-described provisions would be required in its election rules to require a director to comply with the same requirements.Under existing law, if there are not more qualified candidates than vacancies, an association is authorized to consider the candidates elected by acclamation if, among other conditions, the association permits all candidates to run if nominated. However, an association is authorized to disqualify a nominee who has served the maximum number of terms or sequential terms allowed by the association.This bill, instead, would require an association to disqualify that nominee. Under the bill, a director who ceases to be a member of the association would be disqualified from continuing to serve as a director.(4) Existing Law, the Planning and Zoning Law, requires an owner of an assisted housing development, as defined, to give certain advance notice before the anticipated date of the termination of a subsidy contract, the expiration of rental restrictions, or the prepayment on an assisted housing development, to tenants and specified public entities, except as provided. Existing law defines an “assisted housing development” for these purposes to mean a multifamily rental housing development of five or more units that receives governmental assistance under any of specified programs.This bill would include a provision of the federal Cranston-Gonzalez National Affordable Housing Act on housing for persons with disabilities, as well as a rental assistance program of the federal Housing Act of 1949, within those specified programs. The bill would also include grants and loans made by the California Housing Finance Agency for rental housing and would make related changes to those provisions.(5) Existing law, the Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, establishes a streamlined development process for affordable housing developments that meet
CA AB 20 - Michael A. Gipson
Postadoption contact agreements: reinstatement of parental rights.
09/13/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 20, as amended, Gipson. Postadoption contact agreements: reinstatement of parental rights. Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect. Existing law requires the court to review the status of certain dependent children no less frequently than once every 6 months and requires a supplemental report to be filed as part of that review. Existing law requires, when the report is regarding a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, or, for an Indian child for whom parental rights are not being terminated and a tribal customary adoption is being considered, the report to include, among other things, a description of whether the final adoption order should include provisions for postadoptive sibling contact. This bill would instead require the report to include a description, if applicable, of the status of the postadoptive sibling agreement.Existing law provides a procedure for permanently terminating parental rights with regard to a child who has been adjudged a dependent child of the juvenile court. Existing law requires the social worker or probation officer to give notice of a hearing to terminate parental rights to specified individuals, including, among others, any known sibling of the child who is the subject of the hearing if the sibling is either the subject of a dependency proceeding or has been adjudged a dependent child of the juvenile court.This bill would also require that notice be provided to siblings who are nonminor dependents as well as to the child’s Court-Appointed Special Advocate, if one has been appointed. The bill would establish a procedure for certain children and nonminor dependents for whom the parental rights of their biological parent or parents were terminated to petition the court to reinstate or modify their biological parent’s or parents’ parental rights, as specified.Existing law requires, if parental rights are terminated and the court orders a dependent child or ward to be placed for adoption, the county, to the extent practicable, to convene a meeting with the child, the sibling or siblings of the child, the prospective adoptive parent or parents, and a facilitator for the purpose of deciding whether to voluntarily execute a postadoption sibling contact agreement. Existing law provides that the county placing agency is not required to convene a meeting to decide whether to voluntarily execute a postadoption sibling contact agreement if specified circumstances occur. This bill would instead specify that the purpose of the meeting is to discuss a postadoption sibling contact agreement within 90 days after termination of parental rights and prior to finalization of the adoption, as specified.Existing law allows, in an adoption proceeding, for continuing contact between the birth relatives and a child if a postadoption contact agreement is entered into voluntarily and is in the best interests of the child at the time the adoption petition is granted. Existing law specifies that a postadoption contact agreement with siblings with whom the child does not have a preexisting relationship may only include provisions for the sharing of information about the child.This bill would permit a postadoption contact agreement with siblings with whom the child does not have a preexisting relationship to also include provisions for visitation and for future contact.The bill would make conforming changes.By increasing the duties of county placing agencies, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.This bill would incorporate additional changes to Section 8616.5 of
CA AB 21 - Michael A. Gipson
Peace officers: training.
05/18/2023 - In committee: Held under submission.
AB 21, as introduced, Gipson. Peace officers: training. Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This bill would require the commission to revise that training to include instruction on how to effectively interact with persons with Alzheimer’s disease or dementia. The bill would specify that a field training officer who completed the training prior to January 1, 2025, or who is exempt from completing the training, is not required to take the updated training, but would require a field training officer who has not completed the training on or after January 1, 2025, or who is not exempt from completing the training, to complete the revised training. The bill would exempt jurisdictions that, prior to January 1, 2024, develop a training that meets the same requirements.This bill would also require the commission, upon the next regularly scheduled review of a training module relating to persons with disabilities, to create and distribute electronically a course on how to recognize and interact with persons with Alzheimer’s disease and dementia. The bill would require peace officers appointed on or before July 1, 2029, to complete that course by January 1, 2030, and peace officers appointed after July 1, 2029, to complete that course within 180 days of being appointed, as specified. The bill would exempt jurisdictions that, prior to January 1, 2024, develop a training that meets the same requirements. By creating new duties for local officials, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 221 - Philip Y. Ting
Budget Act of 2023.
01/26/2023 - Referred to Com. on BUDGET.
AB 221, as introduced, Ting.
Budget Act of 2023.
This bill would make appropriations for the support of state government for the 2023–24 fiscal year.This bill would declare that it is to take effect immediately as a Budget Bill.
CA AB 222 - Joaquin Arambula
Civil Rights Department: Californians with disabilities workgroup.
02/02/2023 - Referred to Com. on JUD.
AB 222, as introduced, Arambula.
Civil Rights Department: Californians with disabilities workgroup.
Existing law, the California Fair Employment and Housing Act, establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency under the direction of the Director of Civil Rights. Existing law sets forth the powers and duties of the department, which include receiving, investigating, conciliating, mediating, and prosecuting complaints alleging unlawful practices or violations of specified civil rights provisions, including those based on a mental or physical disability, as defined.This bill would require the department to convene a workgroup to make recommendations to the Legislature for the development of accessibility and antidiscrimination laws for people with disabilities, as defined. The bill would require membership of the workgroup to include interested parties and stakeholders that reflect the diversity
of the state, including, among other groups, individuals who have personal experience with a disability. The bill would require the workgroup to take specified actions, including examining existing laws and policies related to, among other issues, improving the effective enforcement of civil rights laws.This bill would require the department, based on the findings of the workgroup, to submit a report to the Legislature by July 1, 2025, containing recommendations on ways to achieve specified goals and priorities of the workgroup. The bill would also require the Legislature to hold public hearings on the results of the report within one year of submission of that report.This bill would repeal these provisions on January 1, 2028.This bill would include related legislative findings.
CA AB 223 - Toni G. Atkins
Change of gender and sex identifier.
09/23/2023 - Chaptered by Secretary of State - Chapter 221, Statutes of 2023.
AB 223, Ward. Change of gender and sex identifier. Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age. Existing law authorizes a person to file a single petition to simultaneously change the petitioner’s name and recognize the change to the petitioner’s gender and sex identifier, as specified. This bill would require any petition for a change of gender and sex identifier or a petition for change of gender, sex identifier, and name filed by a person under 18 years of age, and any papers associated with the proceeding, to be kept confidential by the court. The bill would require the court to limit access to these records to specified individuals, including, among others, the minor, the minor’s parents, and their attorneys.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
CA AB 229 - Joe Patterson
Violent felonies.
05/23/2023 - From committee: Without further action pursuant to Joint Rule 62(a).
AB 229, as introduced, Joe Patterson. Violent felonies. Existing law defines the term “violent felony” for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the Three Strikes Law.This bill would expand the crimes that are within the definition of a violent felony for all purposes, including for purposes of the Three Strikes Law, to include additional forms of sexual crimes, as defined, human trafficking, as defined, and felony domestic violence, as defined. By expanding the scope of an enhancement, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 235 - Blanca E. Rubio
Civil Rights Department: Labor Trafficking Unit.
05/18/2023 - In committee: Held under submission.
AB 235, as amended, Blanca Rubio. Civil Rights Department: Labor Trafficking Unit. Existing law, the California Fair Employment and Housing Act, establishes in the Business, Consumer Services, and Housing Agency the Civil Rights Department, headed by the Director of Civil Rights, to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or military and veteran status.This bill would establish within the department the Labor Trafficking Unit, which would be required to coordinate with the Labor Enforcement Task Force, the Criminal Investigation Unit, the Department of Justice, and the Division of Labor Standards Enforcement within the Department of Industrial Relations to combat labor trafficking. The bill would require the unit to receive and investigate complaints alleging labor trafficking and take steps to prevent labor trafficking. The bill would require the unit to coordinate with or refer cases to the Labor Enforcement Task Force or the department for potential civil actions, and to coordinate with or refer cases to the Department of Justice for potential criminal actions. The bill would require the unit to follow protocols to ensure survivors of labor trafficking are not victimized by the process of prosecuting traffickers and are informed of the services available to them. The bill would require the unit to coordinate with both state and local agencies to connect survivors with available services. The bill would require the unit to provide specified services to victims, including providing a list of pro bono victim’s rights attorneys to survivors. The bill would require the Division of Occupational Safety and Health within the Department of Industrial Relations to notify the unit when, upon investigating businesses under their purview, there is evidence of labor trafficking. The bill would require the unit, beginning January 1, 2025, until January 1, 2035, to annually submit a report to the Legislature with specified information relating to labor trafficking complaints, including the number, types, and outcomes of complaints.
CA AB 236 - Christopher R. Holden
Health care coverage: provider directories.
01/13/2023 - Read first time. To print.
AB 236, as introduced, Holden.
Health care coverage: provider directories.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan and a health insurer that contracts with providers for alternative rates of payment to publish and maintain a provider directory or directories with information on contracting providers that deliver health care services enrollees or insureds, and requires a health care service plan and health insurer to regularly update its printed and online provider directory or directories, as specified.This bill would require a plan or insurer to annually audit and delete inaccurate listings
from its provider directories, and would require a provider directory to be 60% accurate on January 1, 2024, with increasing required percentage accuracy benchmarks to be met each year until the directories are 95% accurate on or before January 1, 2027. The bill would subject a plan or insurer to administrative penalties for failure to meet the prescribed benchmarks and for each inaccurate listing in its directories. If a plan or insurer has not financially compensated a provider in the prior year, the bill would require the plan or insurer to delete the provider from its directory beginning July 1, 2024, unless specified criteria applies. Because a violation of the bill’s requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish
procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 247 - Lori D. Wilson
Education finance: school facilities: Transitional Kindergarten Through Community College Public Education Facilities Bond Act of 2024.
08/21/2023 - In committee: Referred to APPR suspense file.
AB 247, as amended, Muratsuchi. Education finance: school facilities: Transitional Kindergarten Through Community College Public Education Facilities Bond Act of 2024. (1) The California Constitution prohibits the Legislature from creating a debt or liability that singly or in the aggregate with any previous debts or liabilities exceeds the sum of $300,000, except by an act that (1) authorizes the debt for a single object or work specified in the act, (2) has been passed by a 2/3 vote of all the Members elected to each house of the Legislature, (3) has been submitted to the people at a statewide general or primary election, and (4) has received a majority of all the votes cast for and against it at that election.This bill would set forth the Transitional Kindergarten Through Community College Public Education Facilities Bond Act of 2024 as a state general obligation bond act that would provide $14,000,000,000 to construct and modernize education facilities, as specified. This bond act would become operative only if approved by the voters at an unspecified 2024 statewide election. The bill would also provide for the submission of the bond act to the voters at that election.(2) The Leroy F. Greene School Facilities Act of 1998 provides for the adoption of rules, regulations, and procedures, under the administration of the Director of General Services, for the allocation of state funds by the State Allocation Board for the construction and modernization of public school facilities.This bill would require the Department of General Services to process all applications received under the act on and after an unspecified date and to present those applications to the State Allocation Board within 120 days of receipt. The bill would require a school district that applies for bond funding under the act to supply designated information about the facilities at each school in the school district to the State Department of Education. The bill would amend the methodology for calculating the local contribution a school district is required to make in order to be eligible to receive state funding under the act, as specified.The bill would authorize the allocation of state funds under the act for the replacement of school buildings that are at least 50 years old, for specified assistance to school districts with a school facility located on a military installation, as specified, and small school districts, as defined, and for the testing and remediation of lead levels in water fountains and faucets used for drinking or preparing food on schoolsites, as provided. The bill would authorize new construction and modernization grants to be used for seismic mitigation purposes, certain health and safety projects, and, among other things, to establish schoolsite-based infrastructure to provide broadband internet access. The bill would also authorize modernization grants to be used for the control, management, or abatement of lead. The bill would increase the maximum level of total bonding capacity, as defined, that a school district could have in order to be eligible for financial hardship assistance under the act from $5,000,000 to $15,000,000. The bill, commencing in the 2025–26 fiscal year, would increase that $15,000,000 maximum by a specified inflation adjustment. The bill would authorize the State Allocation Board to provide assistance for purposes of procuring interim housing to school districts and county offices of education impacted by a natural disaster for which the Governor has declared a state of emergency. The bill would also make conforming changes.The bill would make these provisions effective upon the adoption of the Transitional Kindergarten Through Community College Public Education Facilities Bond Act of 2024 by the voters at the unspecified 2024 statewide election.
CA AB 252 - Christopher R. Holden
The College Athlete Protection Act.
07/05/2023 - In committee: Set, first hearing. Hearing canceled at the request of author.
AB 252, as amended, Holden. The College Athlete Protection Act. The Student Athlete Bill of Rights requires intercollegiate athletic programs at 4-year private universities or campuses of the University of California or the California State University that receive, as an average, $10,000,000 or more in annual income derived from media rights for intercollegiate athletics to comply with prescribed requirements relating to student athlete rights. Existing law authorizes an institution of higher education, as defined, to establish a degree completion fund, in accordance with applicable rules and bylaws. Existing law requires an institution of higher education to post in a conspicuous location in its athletic department that is frequented by student athletes a notice detailing certain student athlete rights. Existing law prohibits an institution of higher education from intentionally retaliating against a student athlete for making or filing a complaint about, testifying or otherwise assisting in any investigation into, or opposing any practice that the student athlete believes is, a violation of student athlete rights.This bill would establish the College Athlete Protection (CAP) Act for purposes of providing various rights, benefits, and protections to college athletes. The bill instead would require certain institutions of higher education to establish a degree completion fund for its college athletes, as provided. The bill instead would require an institution of higher education to distribute to each college athlete a notice containing college athlete rights and would require the institution to post this notice in a conspicuous location frequented by college athletes, as specified. The bill instead would prohibit an institution of higher education, and its employees, coaches, and affiliated medical personnel, as defined, from retaliating against a college athlete for filing a complaint or reporting a violation of a college athlete’s rights under the CAP Act. By imposing new duties on community college districts, the bill would impose a state-mandated local program.This bill would establish the College Athlete Protection (CAP) Program as a program in the Office of Planning and Research for purposes of the CAP Act. The bill would establish a 21-member CAP Panel comprised of appointed individuals to serve on 4 CAP Subpanels, as specified, for the administration of the CAP Act, as provided. The bill would establish the California Athlete Protection Fund under the administration of the CAP Panel, with moneys in the fund appropriated to the CAP Panel, upon appropriation of the Legislature, for purposes of the CAP Act, as provided.This bill would make its provisions severable.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 254 - Laura Friedman
Confidentiality of Medical Information Act: reproductive or sexual health application information.
09/13/2023 - Enrolled and presented to the Governor at 3 p.m.
AB 254, Bauer-Kahan. Confidentiality of Medical Information Act: reproductive or sexual health application information. The Confidentiality of Medical Information Act (CMIA) prohibits a provider of health care, a health care service plan, a contractor, or a corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as provided. The CMIA makes a business that offers software or hardware to consumers, including a mobile application or other related device that is designed to maintain medical information in order to make the information available to an individual or a provider of health care at the request of the individual or a provider of health care, for purposes of allowing the individual to manage the individual’s information or for the diagnosis, treatment, or management of a medical condition of the individual, a provider of health care subject to the requirements of the CMIA. Existing law makes a violation of these provisions that results in economic loss or personal injury to a patient punishable as a misdemeanor.This bill would revise the definition of “medical information” to include reproductive or sexual health application information, which the bill would define to mean information about a consumer’s reproductive or sexual health collected by a reproductive or sexual health digital service, as specified. The bill would make a business that offers a reproductive or sexual health digital service to a consumer for the purpose of allowing the individual to manage the individual’s information, or for the diagnosis, treatment, or management of a medical condition of the individual, a provider of health care subject to the requirements of the CMIA. Because the bill would expand the scope of a crime, it would impose a state-mandated local program.This bill would incorporate additional changes to Section 56.05 of the Civil Code proposed by AB 1697 to be operative only if this bill and AB 1697 are enacted and this bill is enacted last.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 257 - Joshua Hoover
Encampments: penalties.
02/28/2023 - In committee: Set, first hearing. Hearing canceled at the request of author.
AB 257, as amended, Hoover.
Encampments: penalties.
Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor. Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor.This bill would prohibit a person from camping, as defined, in a street, sidewalk, or other public property within 500 feet of a school, daycare center,
playground, or youth center. The bill would make a violation of the prohibition an infraction or a misdemeanor. By imposing criminal penalties for a violation of these provisions, this bill would impose a state-mandated local program. Existing law establishes procedures of diversion for specified defendants through which the court is authorized to grant pretrial diversion which, contingent on successful completion of specified terms and conditions imposed by the court, results in the dismissal of charges prior to adjudication.This bill would authorize a defendant who is being prosecuted for a misdemeanor for camping in a street, sidewalk, or other public property within 500 feet of a school, daycare center, playground, or youth center to be eligible for a diversion program, including, but not limited to, the Diversion of
Individuals with Mental Disorders and the Court Initiated Misdemeanor Diversion, as specified.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 268 - Toni G. Atkins
Board of State and Community Corrections.
10/04/2023 - Chaptered by Secretary of State - Chapter 298, Statutes of 2023.
AB 268, Weber. Board of State and Community Corrections. Existing law establishes and regulates the state prison for the confinement of persons convicted of certain felony offenses. Existing law also regulates county jails used for the confinement of persons awaiting trial and persons convicted of misdemeanors and certain felony offenses.Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system. The duties of the board, among others, include establishing standards for local correctional facilities and correctional officers.Under existing law, the board is composed of 13 members, as specified.This bill would, commencing July 1, 2024, add 2 additional members to the board, a licensed health care provider and a licensed mental or behavioral health care provider, appointed by the Governor and subject to confirmation by the Senate.The bill would also, commencing July 1, 2024, require the board to develop and adopt regulations pertaining to standards of care for incarcerated persons with mental health issues by local correctional facilities, including requirements for training of correctional staff, requirements for mental health screening, and requirements for safety checks of incarcerated persons.
CA AB 27 - Tri Ta
Sentencing: firearms enhancements.
02/14/2023 - In committee: Set, first hearing. Failed passage.
AB 27, as introduced, Ta.
Sentencing: firearms enhancements.
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice. Existing law requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute. This bill would also prohibit a court from dismissing a firearms-related enhancement, as defined.
CA AB 271 - Josh Newman
Homeless death review committees.
08/14/2023 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.).
AB 271, as amended, Quirk-Silva. Homeless death review committees. Existing law authorizes counties to establish interagency child death teams and elder death teams to assist local agencies in identifying and reviewing suspicious deaths and facilitating communications between local organizations for the purposes of reducing the incidence of abuse and neglect.This bill would authorize counties to establish a homeless death review committee for the purposes of gathering information to identify the root causes of death of homeless individuals and to determine strategies to improve coordination of services for the homeless population. The bill would establish procedures for the sharing or disclosure of specified information by a homeless death review committee.
CA AB 28 - Anthony J. Portantino Jr.
Firearms and ammunition: excise tax.
09/13/2023 - Enrolled and presented to the Governor at 3 p.m.
AB 28, Gabriel. Firearms and ammunition: excise tax. Existing law establishes the California Violence Intervention and Prevention (CalVIP) Grant Program, administered by the Board of State and Community Corrections, to award competitive grants for the purpose of violence intervention and prevention.Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges.This bill, the Gun Violence Prevention and School Safety Act, would, commencing July 1, 2024, impose an excise tax in the amount of 11% of the gross receipts from the retail sale in this state of a firearm, firearm precursor part, and ammunition, as specified. The tax would be collected by the state pursuant to the Fee Collection Procedures Law. The bill would require that the revenues collected be deposited in the Gun Violence Prevention and School Safety Fund, which the bill would establish in the State Treasury. The bill would require the moneys received in the fund to be used to fund various gun violence prevention, education, research, response, and investigation programs, as specified. The bill would require the Director of Finance to transfer, as a loan, $2,400,000 from the General Fund to the California Department of Tax and Fee Administration to implement these provisions, as specified. The bill would require each licensed firearms dealer, firearms manufacturer, and ammunition vendor to register with the department for a certificate, as specified. The bill would also provide procedures for the issuance, revocation, and reinstatement of a permit.This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII?A of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 280 - Maria Elena Durazo
Segregated confinement.
09/14/2023 - Ordered to inactive file at the request of Assembly Member Holden.
AB 280, as amended, Holden. Segregated confinement. Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law places county jails under the jurisdiction of the sheriff for the confinement of persons sentenced to imprisonment for the conviction of a crime.This bill would require every jail, prison, public or privately operated detention facility, and a facility in which individuals are subject to confinement or involuntary detention to develop and follow written procedures governing the management of segregated confinement, as specified, and to make those written procedures publicly available. The bill would require those facilities to document the use of segregated confinement by, among other things, providing written orders of that confinement to the individual confined, as specified. The bill would prohibit those facilities from involuntarily placing an individual in segregated confinement if the individual belongs to a designated population, including, among others, that the individual has a mental or physical disability or that the individual is under 26 years of age or over 59 years of age. The bill would require the facility to periodically check on the individual and have a medical or mental health professional periodically assess the individual. This bill would require a facility to offer out-of-cell programming to individuals in segregated confinement for at least 4 hours per day, not including time spent on an unpaid work assignment or in paid employment. The bill would require a facility to maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities, as specified, and would require facilities to develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others, as specified. The bill would also authorize a facility to use segregated confinement to help treat and protect against the spread of communicable disease, under certain circumstances.This bill would prohibit a facility from holding an individual in segregated confinement for more than 15 consecutive days and no more than 45 days in a 180-day period, as specified. This bill would also prohibit a facility from imposing limitations on services, treatment, or basic needs; conducting out-of-cell programming opportunities in a smaller cage or therapy module; placing an individual in segregated confinement on the basis of confidential information, as specified; using specified restraints when an individual is in segregated confinement; and using segregated confinement as a means of protecting an individual. This bill would require a facility administrator or chief physician to conduct a secondary review of a person in segregated confinement’s dispute regarding qualification in the designated populations category. This bill would require facilities to create and publish monthly, semiannual, and annual reports, as specified. The bill would require the Office of the Inspector General and the Board of State and Community Corrections to assess each facility’s compliance with the act, as specified. This bill would require local and state authorities to promulgate regulations or directives to implement the act, where applicable. The bill would declare these provisions to be severable. By imposing additional duties on county jails, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant
CA AB 283 - James Norwood Patterson Jr.
Mental Health Services Oversight and Accountability Commission.
09/07/2023 - Ordered to inactive file at the request of Senator Niello.
AB 283, as introduced, Jim Patterson. Mental Health Services Oversight and Accountability Commission. Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Oversight and Accountability Commission to oversee the implementation of the MHSA. Existing law specifies the composition of the 16-member commission, including the Attorney General or their designee, the Superintendent of Public Instruction or their designee, specified members of the Legislature, and 12 members appointed by the Governor, as prescribed. Existing law authorizes the MHSA to be amended by a 2/3 vote of the Legislature if the amendments are consistent with, and further the purposes of, the MHSA, or by a majority vote to clarify procedures and terms. This bill would urge the Governor, in making appointments, to consider ensuring geographic representation among the 10 regions of California defined by the 2020 census.
CA AB 285 - Christopher M. Ward
Pupil instruction: science requirements: climate change.
09/13/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 285, as amended, Luz Rivas. Pupil instruction: science requirements: climate change. (1) Existing law requires the adopted course of study for grades 1 to 6, inclusive, and the adopted course of study for grades 7 to 12, inclusive, to include certain areas of study, including, among others, English, mathematics, social sciences, science, and visual and performing arts, as specified.This bill, with respect to both of the above-referenced adopted courses of study, would require the science area of study to include an emphasis on the causes and effects of climate change and methods to mitigate and adapt to climate change. The bill would require that appropriate coursework including this material be offered to pupils as soon as possible, commencing no later than the 2024–25 school year.Because the bill would impose new duties on school districts, it would constitute a state-mandated local program.(2) This bill would incorporate additional changes to Section 51210 of the Education Code proposed by AB 446 and SB 509 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 289 - Christopher R. Holden
Mental health services: representation.
09/15/2023 - Enrolled and presented to the Governor at 4 p.m.
AB 289, Holden. Mental health services: representation. Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services in every county through locally administered and locally controlled community mental health programs. Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 in the November 2, 2004, statewide general election, establishes the Mental Health Services Fund to fund various county mental health programs. The act may be amended by the Legislature only by a 2/3 vote of both houses and only so long as the amendment is consistent with and furthers the intent of the act. The Legislature may clarify procedures and terms of the act by majority vote.Existing law establishes the Mental Health Services Oversight and Accountability Commission and requires counties to prepare and submit a 3-year program and expenditure plan, and annual updates, as specified, to the commission and the State Department of Health Care Services. Existing law requires the plan to be developed with specified local stakeholders, along with other important interests.This bill would require stakeholders to include sufficient participation of individuals representing diverse viewpoints, including representatives from youth from historically marginalized communities, representatives from organizations specializing in working with underserved racially and ethnically diverse communities, and representatives from LGBTQ+ communities. By requiring counties to consult with additional stakeholders, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 309 - Ash Kalra
The Social Housing Act.
10/07/2023 - Vetoed by Governor.
AB 309, Lee. The Social Housing Act. Existing law establishes the Department of General Services to provide centralized services, including, but not limited to, planning, acquisition, construction and maintenance of state buildings and property. Existing law authorizes the Director of General Services, with the consent of the state agency concerned, to lease state-owned real property when the Director of General Services deems that leasing serves a beneficial public purpose limited to the development of housing.This bill would enact the Social Housing Act and would create, in the Department of General Services, the Social Housing Program, the mission of which would be to ensure that qualified social housing developments are produced on leased state property to help address the housing crisis, as specified. The bill would authorize the program to identify and develop up to 3 qualified social housing projects, as specified, with the intent to use the results to inform public policy related to developing an independent public entity to develop statewide qualified social housing. The bill would require the program to solicit bids to develop qualified social housing units, and prioritize bids that demonstrate long-term revenue neutrality or a cost rent model, as those terms are defined. The bill would require the program to employ 2 different leasing models, the rental model and the ownership model, as specified, in creating social housing. The bill would prohibit a city or county from denying a social housing development authorized under the program. The bill would authorize a city or county to propose objective design review standards, as specified, and authorize a city or county to propose modifications to mitigate any specific, adverse impacts on public health or safety, as specified.
CA AB 310 - Joaquin Arambula
CalWORKs.
06/27/2023 - In committee: Set, first hearing. Hearing canceled at the request of author.
AB 310, as amended, Arambula. CalWORKs. Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law imposes various eligibility requirements for the CalWORKs program, including that a child is deprived of parental support or care, a child has received all age-appropriate immunizations, and specified applicants or recipients who are apparently eligible for unemployment insurance shall meet the conditions of eligibility for and accept any unemployment insurance benefits for which they are eligible.This bill would, among other things, repeal the parental deprivation and immunization requirements, and would instead only require that those specified applicants and recipients whom the county has evidence that they are eligible for unemployment insurance to apply for, but not meet the conditions of, unemployment insurance benefits. By expanding eligibility for the CalWORKs program, the bill would impose a state-mandated local program.Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid, except if they are exempt or excused from participation for good cause. Existing law requires a participant to enter into a written welfare-to-work plan with the county, and specifies the work activities that may be included in a participant’s plan, including mental health, substance abuse, and domestic violence services that are necessary to obtain and retain employment. Existing law also requires participants to participate in job search activities for a period of up to 4 consecutive weeks, as specified. This bill would, among other things, revise and recast the welfare-to-work program, by renaming it as the family assistance program, repealing the provision that makes participation in work activities a condition of eligibility for CalWORKs aid, and instead requiring that every recipient be provided with an opportunity to participate in family assistance activities. The bill would expand the list of work activities by including home visiting services and financial literacy classes and coaching that are necessary to obtain and retain employment or improve family or financial well-being, activities that develop and enhance workplace skills, and activities that build foundations for employment, as specified. The bill would repeal the job search requirements. The bill would require a county to provide the participant with a plan form within 60 days after the date that a participant’s eligibility for aid is determined or the date the participant chooses to participate in work activities wherein the recipient may select the activities and the number of hours they want to participate in, including any and all available support services. By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.Under existing law, when an individual fails or refuses to comply with specified components of the CalWORKs program without good cause, and conciliation efforts have failed, the individual is subject to a financial sanction that requires the family’s grant to be reduced by removing the noncomplying family member from the assistance unit. Existing law prohibits sanctions from being applied for a failure or refusal to comply with program requirements if, among other reasons, the employment, offer of employment, activity, or other training, or for employment discriminates on specified bases or involves conditions that are in violation of applicable health and safety standards, among other
CA AB 32 - Stephanie Nguyen
Violent felonies: hate crimes.
02/17/2023 - In committee: Set, second hearing. Hearing canceled at the request of author.
AB 32, as introduced, Stephanie Nguyen.
Violent felonies: hate crimes.
Existing law classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law imposes an additional one-year term for a sexually violent felony and a 3-year term for a violent felony for each prior separate prison term served for a violent felony.This bill would additionally define felony hate crimes as a violent felony, as specified. By increasing the punishment for a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by
this act for a specified reason.
CA AB 328 - Bill Essayli
Sentencing: dismissal of enhancements.
03/08/2023 - From committee: Without further action pursuant to Joint Rule 62(a).
AB 328, as introduced, Essayli.
Sentencing: dismissal of enhancements.
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice. Existing law requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute. This bill would also prohibit a court from dismissing specified firearms-related enhancements.Existing law requires a person who personally uses a firearm to commit certain specified felonies to be punished by an additional and consecutive term of imprisonment in the state prison for 10 years, or for 20 years if the person discharged the firearm, or for 25 years to life if the person discharged the firearm and proximately caused great bodily injury or death. Existing law authorizes a court,
in the interest of justice and at the time of sentencing or resentencing, to strike or dismiss an enhancement otherwise required to be imposed by that law.This bill would prohibit a court from striking an allegation or a finding that would make a crime punishable pursuant to those enhancement provisions, except that a court could strike or dismiss an enhancement when the person did not personally use or discharge the firearm or when the firearm was unloaded.
CA AB 33 - Dennis Kelly Seyarto
Fentanyl Misuse and Overdose Prevention Task Force.
09/14/2023 - Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling.
AB 33, as amended, Bains. Fentanyl Misuse and Overdose Prevention Task Force. Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. The act classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision.This bill would, subject to an appropriation, establish the Fentanyl Misuse and Overdose Prevention Task Force to undertake various duties relating to fentanyl misuse, including, among others, collecting and organizing data on the nature and extent of fentanyl misuse in California and evaluating approaches to increase public awareness of fentanyl misuse. The bill would require the task force to be cochaired by the Attorney General and the State Public Health Officer, or their designees, and would specify the membership of the task force.The bill would require the first meeting of the task force to take place no later than June 1, 2024, and would require the task force to meet at least once every 2 months. The bill would require the task force to submit an interim report to the Governor and the Legislature by July 1, 2025, and would require the task force to report its findings and recommendations to the Governor and the Legislature by December 1, 2025.The bill would repeal these provisions on January 1, 2026.This bill would declare that it is to take effect immediately as an urgency statute.
CA AB 331 - Rebecca Bauer-Kahan
Automated decision tools.
05/17/2023 - In committee: Set, first hearing. Referred to suspense file.
AB 331, as amended, Bauer-Kahan. Automated decision tools. The Unruh Civil Rights Act provides that all persons within the jurisdiction of this state are free and equal, and regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. The California Fair Employment and Housing Act protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or veteran or military status. The act establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency and requires the department to, among other things, bring civil actions to enforce the act.This bill would, among other things, require a deployer, as defined, and a developer of an automated decision tool, as defined, to, on or before January 1, 2025, and annually thereafter, perform an impact assessment for any automated decision tool the deployer uses that includes, among other things, a statement of the purpose of the automated decision tool and its intended benefits, uses, and deployment contexts. The bill would require a deployer or developer to provide the impact assessment to the Civil Rights Department within 60 days of its completion and would punish a violation of that provision with an administrative fine of not more than $10,000 to be recovered in an administrative enforcement action brought by the Civil Rights Department. The bill would authorize certain public attorneys, including the Attorney General, to bring a civil action against a deployer or developer for a violation of the bill. The bill would require a public attorney to, before commencing an action for injunctive relief, provide 45 days’ written notice to a deployer or developer of the alleged violations of the bill and would provide a deployer or developer a specified opportunity to cure those violations, if, among other things, the deployer or developer provides the person who gave the notice an express written statement, under penalty of perjury, that the violation has been cured and that no further violations shall occur. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.This bill would require a deployer to, at or before the time an automated decision tool is used to make a consequential decision, as defined, notify any natural person that is the subject of the consequential decision that an automated decision tool is being used to make, or be a controlling factor in making, the consequential decision and to provide that person with, among other things, a statement of the purpose of the automated decision tool. The bill would, if a consequential decision is made solely based on the output of an automated decision tool, require a deployer to, if technically feasible, accommodate a natural person’s request to not be subject to the automated decision tool and to be subject to an alternative selection process or accommodation, as prescribed. This bill would prohibit a deployer from using an automated decision tool that results in algorithmic discrimination, which the bill would define to mean the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran s
CA AB 349 - James C. Ramos
Patton State Hospital: lease: housing and mental health services for homeless individuals.
09/13/2023 - Enrolled and presented to the Governor at 3 p.m.
AB 349, Ramos. Patton State Hospital: lease: housing and mental health services for homeless individuals. Existing law authorizes the Department of General Services to perform various duties relating to state real property, including by authorizing the Director of General Services to let a building located at Patton State Hospital to a nonprofit corporation or local government, for a period not to exceed 20 years, for the purpose of providing services to elderly persons.This bill would delete the 20-year lease maximum and would additionally authorize the Director of General Services to lease the building described above for the purposes of providing housing to homeless individuals and providing mental health services to those individuals.
CA AB 352 - Rebecca Bauer-Kahan
Health information.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 352, Bauer-Kahan. Health information. Existing law, the Reproductive Privacy Act, provides that every individual possesses a fundamental right of privacy with respect to their personal reproductive decisions. Existing law prohibits the state from denying or interfering with a person’s right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the person.Existing law, the Confidentiality of Medical Information Act (CMIA), generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified exception applies. The CMIA requires every provider of health care, health care service plan, pharmaceutical company, or contractor who, among other things, maintains or stores medical information to do so in a manner that preserves the confidentiality of the information contained therein. The CMIA also prohibits a provider of health care, a health care service plan, a contractor, or an employer from releasing medical information that would identify an individual or related to an individual seeking or obtaining an abortion in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another state’s laws that interfere with a person’s rights to choose or obtain an abortion or a foreign penal civil action. Existing law makes a violation of the CMIA that results in economic loss or personal injury to a patient punishable as a misdemeanor.This bill would require specified businesses that electronically store or maintain medical information on the provision of sensitive services on behalf of a provider of health care, health care service plan, pharmaceutical company, contractor, or employer to develop capabilities, policies, and procedures, on or before July 1, 2024, to enable certain security features, including limiting user access privileges and segregating medical information related to gender affirming care, abortion and abortion-related services, and contraception, as specified. The bill would additionally prohibit a provider of health care, health care service plan, contractor, or employer from cooperating with any inquiry or investigation by, or from providing medical information to, an individual, agency, or department from another state or, to the extent permitted by federal law, to a federal law enforcement agency that would identify an individual or that is related to an individual seeking or obtaining an abortion or abortion-related services that are lawful under the laws of this state, unless the request for medical information is authorized in accordance with specified existing provisions of law. The bill would exempt a provider of health care from liability for damages or from civil or enforcement actions relating to cooperating with, or providing medical information to, another state or a federal law enforcement agency before January 31, 2026, if the provider of health care is working diligently and in good faith to comply with the prohibition. Because the bill would expand the scope of an existing crime, it would impose a state-mandated local program.Existing law requires the California Health and Human Services Agency, in consultation with stakeholders and local partners, to establish the California Health and Human Services Data Exchange Framework that includes a single data sharing agreement and common set of policies and procedures that govern and require the exchange of health information among health care entities and government agencies in California. Existing law requires, on or before January 31, 2024, that specified entities, including general acute care hospitals and skilled nursing facilities, exchange health information, as defined
CA AB 360 - Michael A. Gipson
Excited delirium.
09/12/2023 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.).
AB 360, as amended, Gipson. Excited delirium. (1) Existing law specifies the content of a certificate of death and sets forth the persons responsible for completing the certificate of death. Existing law requires certain medical and health content on the certificate.This bill would prohibit “excited delirium,” as defined, from being recognized as a valid medical diagnosis or cause of death in this state. The bill would prohibit a coroner, medical examiner, physician, or physician assistant from stating on the certificate of death or in any report that the cause of death was excited delirium. (2) Existing law designates specified employees and appointees of certain public entities to be peace officers. Existing law grants certain powers to peace officers and prescribes certain requirements and responsibilities for peace officers and their employing or appointing entities.The bill would prohibit a peace officer from using the term “excited delirium” to describe an individual in an incident report, but would not prohibit the peace officer from describing an individual’s behavior, as specified. (3) Existing law governs the rules of evidence in every action before the Supreme Court or a court of appeal or superior court, including rules relating to judicial notice, evidentiary burdens, witnesses, opinion testimony and scientific evidence, privileges, evidence affected or excluded by extrinsic policies, hearsay evidence, and writings.This bill would deem evidence that a person experienced or suffered an excited delirium inadmissible in a civil action, but would not prohibit a party or witness from testifying as to the factual circumstances surrounding the case, including a person’s demeanor, conduct, and physical and mental condition, provided it is not attributed to excited delirium.
CA AB 366 - Cottie Petrie-Norris
County human services agencies: workforce development.
09/11/2023 - Ordered to inactive file at the request of Senator Ashby.
AB 366, as amended, Petrie-Norris. County human services agencies: workforce development. Existing law generally provides for various human services programs, including, but not limited to, child welfare services. Existing law requires the state, through the department and county welfare departments, to establish and support a public system of statewide child welfare services to be available in each county of the state, and requires all counties to establish and maintain specialized organizational entities within the county welfare department, which have sole responsibility for the operation of the child welfare services program.This bill would require the State Department of Social Services to establish a stipend program, subject to an appropriation by the Legislature, for the purpose of providing grants in the form of educational stipends to community college students who have an interest in public child welfare work. The bill would require the department to administer the program through existing mechanisms applicable to other postsecondary education stipend programs administered by the department for which the state receives matching funds pursuant to specified federal law. The bill would require the program to provide stipends to students who either reside in, or are enrolled in a community college in, counties with a population of 500,000 or less, and who are in a relevant program of coursework, as specified.Existing law vests the Department of Human Resources with the jurisdiction and responsibility of establishing and maintaining personnel standards on a merit basis, and administering merit systems for local government agencies where those merit systems of employment are required by statute or regulation as a condition of a state-funded program or a federal grant-in-aid program established under federal law, including, but not limited to, the Social Security Act, as specified. Existing law requires the department, for the purposes of administering those state or federally supported programs, by regulation, to establish and maintain personnel standards on a merit basis for local agencies, as specified, as necessary for proper and efficient administration, and to ensure state conformity with applicable federal requirements. Existing law requires the department to administer the merit system for employees engaged in administering state-funded and federal grant-in-aid programs in a local agency not administering its own merit system, as specified.This bill, notwithstanding those provisions, would require the department, for specified local agencies with an employment vacancy rate of 20% or greater for 30 consecutive days in any state-funded or federal grant-in-aid program, to allow those agencies to use alternate processes to screen applications and establish eligibility lists for recruitment of new staff, and advancement of existing staff, until the vacancy rate falls below 20 percent continuously for 3 consecutive months. The bill would authorize those alternatives to include allowing counties to screen and establish eligibility lists directly with oversight by the department, implementing alternative examination requirements without advance approval by the department, and waiving examination components. If the employees are represented by an employee organization, as specified, the bill would authorize a local agency to implement alternative examination requirements or waive examination components only after meeting and conferring with, and obtaining mutual agreement from, the employee organization. The bill would authorize the alternative processes to be implemented until January 1, 2029. The bill would require the department, by July 1, 2026, to convene representatives of local agencies and applicable state departments, including, but not limited to, the State Department of Social Services, the Department of Child Support Services, and representatives from employee organizations that represent local agency employees,
CA AB 387 - Cecilia M. Aguiar-Curry
Alzheimer’s disease.
09/01/2023 - In committee: Held under submission.
AB 387, as amended, Aguiar-Curry. Alzheimer’s disease. Existing law requires the Secretary of California Health and Human Services to be responsible for oversight and coordination of programs serving people living with Alzheimer’s disease and related conditions, and their families. Existing law establishes the Alzheimer’s Disease and Related Disorders Advisory Committee in the California Health and Human Services Agency, and specifies the committee’s duties, including requirements for making policy and plan recommendations.This bill would rename the advisory committee to the Alzheimer’s Disease and Related Conditions Advisory Committee, and expand the number of members serving on the committee from 14 to at least 21, but not more than 25, members. This bill would specify the qualifications of certain members on the committee. The bill would, in the provisions governing the committee, revise references to Alzheimer’s disease to also refer to related conditions.
CA AB 4 - Maria Elena Durazo
Covered California: expansion.
07/13/2023 - Read second time and amended. Re-referred to Com. on APPR.
AB 4, as amended, Arambula. Covered California: expansion. Existing federal law, the Patient Protection and Affordable Care Act (PPACA), requires each state to establish an American Health Benefit Exchange to facilitate the purchase of qualified health benefit plans by qualified individuals and qualified small employers. Existing state law creates the California Health Benefit Exchange, also known as Covered California, to facilitate the enrollment of qualified individuals and qualified small employers in qualified health plans as required under PPACA. Existing law requires the Exchange to apply for a federal waiver to allow persons otherwise not able to obtain coverage through the Exchange because of their immigration status to obtain coverage from the Exchange.This bill would delete that requirement and would instead require the Exchange to administer a program to allow persons otherwise not able to obtain coverage by reason of immigration status to enroll in health insurance coverage in a manner as substantially similar to other Californians as feasible given existing federal law and rules. The bill would require the Exchange to undertake outreach, marketing, and other efforts to ensure enrollment. The bill would also require the Exchange to adopt an annual program design for each coverage year to implement the program, and would require the Exchange to provide appropriate opportunities for stakeholders, including the Legislature, and the public to consult on the design of the program.
CA AB 425 - David Alvarez
Medi-Cal: pharmacogenomic testing.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 425, Alvarez. Medi-Cal: pharmacogenomic testing. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law sets forth a schedule of covered benefits under the Medi-Cal program.This bill would, commencing on July 1, 2024, add pharmacogenomic testing as a covered benefit under Medi-Cal, as specified. The bill would define pharmacogenomic testing as laboratory genetic testing that includes, but is not limited to, a panel test, to identify how a person’s genetics may impact the efficacy, toxicity, and safety of medications.The bill would condition implementation of this benefit coverage on receipt of any necessary federal approvals and the availability of federal financial participation. The bill would authorize the department to implement these provisions through all-county letters or similar instructions.The bill would also make related legislative findings.
CA AB 426 - Corey A. Jackson
Unlicensed residential foster care facilities: temporary placement management.
09/12/2023 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 1.).
AB 426, as amended, Jackson. Unlicensed residential foster care facilities: temporary placement management. Existing law prohibits an unlicensed community care facility, as defined, from operating in the state, and prohibits a person, firm, partnership, association, or corporation within the state, or state or local public agency, from operating, establishing, managing, conducting, or maintaining a community care facility in this state, without a current, valid community care facility license. Existing law authorizes the department to assess an immediate civil penalty in the amount of $200 per day for a violation of either or both of those prohibitions, as specified.This bill would additionally authorize the department to assess an immediate civil penalty in the amount of $1,000 for each day of the violation on a person, as defined, who provides residential care to children.Existing law requires the Director of Social Services to follow specified procedures if the director believes that a county is substantially failing to comply with specified provisions of law or any regulation pertaining to any program administered by the department, including, among other things, taking formal action to secure compliance and providing counties with written notice of that action and a minimum of 30 days to correct its failure to comply.This bill would additionally apply these procedures when a county has failed to comply with the California Community Care Facilities Act. The bill would additionally require the director to inform the county welfare director and the board of supervisors by written notice if the director is informed a county is failing to comply with any provision of law or regulation pertaining to any program administered by the department.
CA AB 443 - Corey A. Jackson
Peace officers: determination of bias.
09/13/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 443, as amended, Jackson. Peace officers: determination of bias. Existing law establishes the Commission on Peace Officer Standards and Training (POST) to set minimum standards for the recruitment and training of peace officers, to establish a certification for peace officers, and to develop training courses and curriculum for the training of peace officers. Existing law, commencing January 1, 2023, authorizes POST to suspend or revoke the certification of a peace officer if the person has been terminated for cause from employment as a peace officer, or has, while employed as a peace officer, otherwise engaged in serious misconduct, which includes demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status. Existing law requires each law enforcement agency to be responsible for completing investigations of allegations of serious misconduct of a peace officer.This bill would, commencing January 1, 2026, require POST to establish a definition of “biased conduct,” as specified, and would require law enforcement agencies to use that definition in any investigation into a bias-related complaint or an incident that involves possible indications of officer bias, and to determine if any racial profiling occurred, as defined. The bill would also require POST to develop guidance for local law enforcement departments on performing effective internet and social media screenings of officer applicants.
CA AB 446 - Sharon Quirk-Silva
Pupil instruction: handwriting.
09/13/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 446, as amended, Quirk-Silva. Pupil instruction: handwriting. (1) Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include certain areas of study, including, among others, English, mathematics, social sciences, science, and visual and performing arts, as specified. With respect to the study of English, existing law requires that instruction to include knowledge of, and appreciation for, literature and the language, as well as the skills of speaking, reading, listening, spelling, handwriting, and composition.This bill would require handwriting instruction for grades 1 to 6, inclusive, to include instruction in cursive or joined italics in the appropriate grade levels. To the extent that this bill would impose new duties on local educational agencies, it would constitute a state-mandated local program.(2) This bill would incorporate additional changes to Section 51210 of the Education Code proposed by AB 285 and SB 509 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 447 - David D. Cortese
Public postsecondary education: students with disabilities: inclusive college programs.
09/13/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 447, as amended, Arambula. Public postsecondary education: students with disabilities: inclusive college programs. Existing law states the intent of the Legislature that public higher education in California strive to provide educationally equitable environments that give each Californian, regardless of age, economic circumstance, or certain specified characteristics, including mental disability, a reasonable opportunity to develop fully their potential.This bill, subject to an appropriation for its purposes, would expressly authorize the California State University, and request the University of California, to establish and maintain inclusive college programs for students with intellectual and developmental disabilities at 4-year public postsecondary educational institutions, as provided. The bill would request inclusive college programs operated by the California State University, and inclusive college programs operated by the University of California, to do certain things, including, among other things, provide students with a person-centered planning process and the opportunity to pursue an educational credential, including, but not limited to, a degree, certificate, or nondegree credential issued by the institution.
CA AB 448 - Juan Carrillo
Juveniles: relative placement: family finding.
09/12/2023 - In Assembly. Concurrence in Senate amendments pending.
AB 448, as amended, Juan Carrillo. Juveniles: relative placement: family finding. (1) Existing law requires a county social worker to investigate the circumstances of each child taken into temporary custody by a peace officer under specified circumstances. Existing law requires the social worker to conduct an investigation, within 30 days of the child’s removal, to identify and locate adult relatives of the child, as specified, and to provide them with a notification that the child has been removed from the custody of the child’s parents, guardians, or Indian custodian, and an explanation of the various options to participate in the care and placement of the child. This bill would require the social worker to conduct the investigation to identify and locate adult relatives, immediately, and no later than 30 days, after the child has been taken into temporary custody.(2) Existing law establishes procedures for an initial petition hearing by the juvenile court if a child is being taken into temporary custody. Existing law requires a social worker to report to the court the reasons the child was removed from the parent’s, guardian’s, or Indian custodian’s physical custody and the need, if any, for continued detention, available services, and if there are any relatives who are willing and able to take temporary physical custody of the child.This bill would additionally require the social worker to report to the court what efforts, and in the case of an Indian child, the active efforts, as defined, and findings the social worker has made to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.(3) Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect, and that after this determination, the court is required to hear evidence on the question of the proper disposition to be made of the child. Existing law requires that before determining the appropriate disposition, the court receive in evidence, among other things, the social study of the child made by the social worker and evaluation made by a child advocate appointed by the court. Existing law further prescribes the information that is required to be included in that social study or evaluation, including the appropriateness of any relative placement. Existing law requires the court to review the status of every dependent child in foster care no less frequently than once every 6 months and requires a supplemental report to be filed as part of that review.This bill would additionally require the social study, and any supplemental report, to include the efforts, and in the case of an Indian child, the active efforts, as defined, and findings that the social worker has made to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the name of those relatives or kin. The bill would also require the court, in conducting the periodic status review, to additionally determine whether the social worker has continued efforts, and in the case of an Indian child, the active efforts, as defined, to locate any relatives or kin who could provide family support or possible placement of the child and the names of those relatives or kin.(4) Existing law requires a probation officer, upon delivery of a minor who has been taken into temporary custody, to immediately investigate the circumstances of the minor and the facts surrounding the minor being taken into custody and to immediately release the minor to the custody of their parent, legal guardian, or responsible relative, including a grandparent, adult sibling, or other relative, unless evidence before the court demonstrates that continuance in the home is contrary to the child’s welfare, as specified.This bill would additionally require that the probation officer, if it is known or there is reason to know the child
CA AB 452 - Buffy Wicks
Childhood sexual assault: statute of limitations.
09/12/2023 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 1.).
AB 452, as amended, Addis. Childhood sexual assault: statute of limitations. Existing law requires that specified actions for recovery of damages suffered as a result of childhood sexual assault, as defined, be commenced within 22 years of the date the plaintiff attains the age of majority or within 5 years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever occurs later. Existing law prohibits certain of those actions from commencing on or after the plaintiff’s 40th birthday unless the person or entity knew or had reason to know, or was otherwise on notice, of any misconduct that creates a risk of childhood sexual assault by an employee, volunteer, representative, or agent, or the person or entity failed to take reasonable steps or to implement reasonable safeguards to avoid acts of childhood sexual assault, as specified. Existing law revives claims that would otherwise have been barred as of January 1, 2020, because the applicable statute of limitations, claim presentation deadline, or any other time limit had expired and authorizes the claims to be commenced within specified time periods.This bill would eliminate time limits for the commencement of actions for the recovery of damages suffered as a result of childhood sexual assault, as specified. The bill would eliminate the prohibition on certain actions proceeding on or after the plaintiff’s 40th birthday unless specified conditions are met. The bill would specify that its provisions apply to any claim arising on and after January 1, 2024.
CA AB 455 - Diane Papan
Firearms: prohibited persons.
09/13/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 455, as amended, Quirk-Silva. Firearms: prohibited persons. Existing law prohibits a person who has been convicted of a felony offense or a specified misdemeanor domestic violence offense from possessing or receiving a firearm. Existing law prohibits a person who has been convicted of specified misdemeanor offenses within the previous 10 years from possessing or receiving a firearm. Existing law prohibits a person who has been taken into custody because that person is a danger to themselves or others, or has been certified for intensive treatment due to a mental disorder or mental illness, from possessing or receiving a firearm, as specified. Existing law prohibits a person who has been placed under conservatorship by a court, has been found mentally incompetent to stand trial, has been found not guilty of specified crimes due to reason of insanity, has been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender from possessing or receiving a firearm, as specified. A violation of any of the prohibitions is punishable as a crime.Existing law authorizes a court to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment.This bill would, on July 1, 2024, authorize the prosecution to request an order from the court, as specified, to prohibit a defendant subject to pretrial diversion from owning or possessing a firearm because they are a danger to themselves or others until they successfully complete diversion or their firearm rights are restored, as specified.By expanding the application of an existing crime, this bill would impose a state-mandated local program.This bill would incorporate additional changes to Section 1001.36 of the Penal Code proposed by AB 1412 to be operative only if this bill and AB 1412 are enacted and this bill is enacted last.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 456 - Brian K. Maienschein
Public postsecondary education: campus mental health hotlines.
05/18/2023 - In committee: Hearing postponed by committee.
AB 456, as introduced, Maienschein. Public postsecondary education: campus mental health hotlines. (1) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges, the California State University under the administration of the Trustees of the California State University, and the University of California under the administration of the Regents of the University of California as the 3 segments of public postsecondary education in the state. Existing law authorizes each campus of the California State University, the California Community Colleges, and the University of California to establish a campus mental health hotline for students to access mental health services remotely.This bill would instead require each campus of the California State University and the California Community Colleges without a campus mental health hotline, and would request the University of California, to establish a campus mental health hotline for students to access mental health services remotely that operates during working hours, as provided. The bill would authorize a campus to utilize text hotlines or online messaging platforms offered by the campus if a verbal hotline cannot be established. The bill would require a campus mental health hotline to direct a student to specified persons, including, among others, to a licensed mental health therapist. The bill would, outside of working hours, authorize a campus mental health hotline to direct a caller to specified services and phone numbers, including, among others, to 911.(2) Existing law requires each campus of the California State University and the California Community Colleges, and requests each campus of the University of California, with a campus mental health hotline to have printed on either side of student identification cards the telephone number of the campus mental health hotline for a student identification card issued to a student on or after January 1, 2023, as specified. Existing law also requires each campus of the California State University and the California Community Colleges, and requests each campus of the University of California, without a campus mental health hotline to have printed on either side of student identification cards the telephone number of their city’s or county’s mental health hotline for a student identification card issued to a student on or after January 1, 2023, as specified.This bill would instead require each campus of the California State University and the California Community Colleges, and would request each campus of the University of California, to have printed on either side of the student identification cards the telephone number of the campus mental health hotline, as provided.(3) By imposing new duties on community college districts, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 459 - Matt Haney
Contracts against public policy: personal or professional services: digital replicas.
09/14/2023 - Re-referred to Com. on RLS.
AB 459, as amended, Kalra. Contracts against public policy: personal or professional services: digital replicas. Existing law prohibits an employer from requiring an employee or applicant for employment to agree, in writing, to any term or condition that is known by the employer to be illegal. Existing law provides that certain contractual agreements between an employer and employee are against public policy, including specified provisions affecting an employee’s membership in a labor organization and the protection of state law in employment. Under existing law, enforcement of state labor laws is generally committed to the Division of Labor Standards Enforcement within the Department of Industrial Relations, under the direction of the Labor Commissioner.This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and deemed unconscionable if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual or to train a generative artificial intelligence system. The bill would provide that it shall apply retroactively. The bill would require any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing such a provision, by February 1, 2024, to notify that individual in writing that the provision is unenforceable.
CA AB 464 - Pilar Schiavo
Public documents: driver’s licenses and vital records.
09/13/2023 - Enrolled and presented to the Governor at 3 p.m.
AB 464, Schiavo. Public documents: driver’s licenses and vital records. Existing law requires the collection of specified fees for certified copies of a birth certificate, marriage record, or marriage dissolution record. Existing law imposes fees upon the application for an original class C or M driver’s license or a renewal of a driver’s license or for a license to operate a different class of vehicle, as described.This bill would instead exempt persons who are recipients of specified assistance programs from payment of a fee for certified copies of a birth certificate, marriage record, or marriage dissolution record. The bill would, beginning July 1, 2027, also exempt a person who can verify their status as a homeless person or homeless child or youth from payment of a fee upon the application for an original or renewal of a driver’s license. The bill would require the verification of homeless status to be subject to regulations adopted by the Department of Motor Vehicles and may be made by a homeless services provider, as defined. By establishing an exemption as to fees paid for receipt of certified copies of vital records, this bill would create a state-mandated local program. The bill would make all these provisions operative only to the extent that funding is provided by express reference for these purposes.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 486 - Ash Kalra
Long-term health facilities: citation appeals.
07/11/2023 - In committee: Set, first hearing. Hearing canceled at the request of author.
AB 486, as amended, Kalra. Long-term health facilities: citation appeals. The Long-Term Care, Health, Safety, and Security Act of 1973 generally requires the State Department of Public Health to license and regulate long-term health care facilities and to establish an inspection and reporting system to ensure that long-term health care facilities are in compliance with state statutes and regulations. The act divides violations into classes AA, A, and B, depending on the severity and probability of the harm resulting or that could result from the violation.Under existing law, if a licensee decides to contest a class “AA” or “A” citation, the licensee is required, within 15 business days of the service of the citation, to inform the director of the licensee’s intent to adjudicate the validity of the violation in the superior court, and to file that action within 90 days, as specified. Existing law requires a licensee who desires to contest a class “B” citation to, within 15 working days after service of the citation, notify the director or the director’s designee that the licensee wishes to appeal the citation through specified department administrative adjudicatory procedures, or elects to submit the matter to binding arbitration through the American Arbitration Association.This bill would delete the civil action provisions for contesting a class “AA” or “A” citation, and would make those citation classifications subject to the administrative proceedings applicable for contesting a class “B” citation. The bill would authorize an administrative law judge to affirm, modify, or dismiss a citation, the class of a citation, or the proposed penalty. The bill would authorize a licensee to seek judicial review of an administrative law judge’s decision. The bill would make related conforming changes and various technical, nonsubstantive changes. Notwithstanding those provisions, the bill would delay application of its changes with respect to contesting class “AA”and class “A” citations with respect to the Laguna Honda Hospital and Rehabilitation Center as specified, until the earlier of January 1, 2025, or 30 days after the facility provides documentation to the department regarding its recertification to participate in the federal Medicare and Medicaid programs. Until that time, the bill would authorize the facility to appeal class “AA” and class “A” citations to the superior court in the same manner as provided under existing law, as specified. The bill would repeal that authorization on January 1, 2026.This bill would make legislative findings and declarations as to the necessity of a special statute for the Laguna Honda Hospital and Rehabilitation Center in the City and County of San Francisco.
CA AB 488 - Stephanie Nguyen
Medi-Cal: skilled nursing facilities: vision loss.
02/17/2023 - Referred to Com. on HEALTH.
AB 488, as introduced, Stephanie Nguyen.
Medi-Cal: skilled nursing facilities: vision loss.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.Existing law requires the department, subject to any necessary federal approvals, for managed care rating periods that begin between January 1, 2023, and December 31, 2026, inclusive, to establish and implement the Workforce and Quality Incentive Program under which a network provider furnishing skilled nursing facility services to a Medi-Cal managed care enrollee may earn performance-based directed payments from the Medi-Cal managed care plan with which they contract, as specified. Existing law, subject to an appropriation, requires the department to set the
amounts of those directed payments under a specified formula.Existing law requires the department to establish the methodology or methodologies, parameters, and eligibility criteria for the directed payments, including the milestones and metrics that network providers of skilled nursing facility services must meet in order to receive a directed payment from a Medi-Cal managed care plan, with at least 2 of these milestones and metrics tied to workforce measures.This bill would require that the measures and milestones include program access, staff training, and capital improvement measures aimed at addressing the needs of skilled nursing facility residents with vision loss. The bill would make related legislative findings.
CA AB 492 - Gail Pellerin
Medi-Cal: reproductive and behavioral health integration pilot programs.
06/14/2023 - Referred to Com. on HEALTH.
AB 492, as amended, Pellerin. Medi-Cal: reproductive and behavioral health integration pilot programs. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including comprehensive perinatal services, among other reproductive health services, and specialty or nonspecialty mental health services and substance use disorder services, among other behavioral health services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.Existing law establishes the Family Planning, Access, Care, and Treatment (Family PACT) Program pursuant to a federal waiver, as part of the schedule of Medi-Cal benefits. Under existing law, the Family PACT Program provides comprehensive clinical family planning services to a person who has a family income at or below 200% of the federal poverty level and who is eligible to receive those services pursuant to the waiver. Under the Family PACT Program, comprehensive clinical family planning services include, among other things, contraception and general reproductive health care, and exclude abortion. Abortion services are covered under the Medi-Cal program.This bill would, on or before July 1, 2024, subject to an appropriation, require the department to make grants, incentive payments, or other financial support available to Medi-Cal managed care plans to develop and implement reproductive and behavioral health integration pilot programs in partnership with identified qualified providers, in order to improve access to behavioral health services for beneficiaries with mild-to-moderate behavioral health conditions.The bill would define “qualified provider” as a Medi-Cal provider that is enrolled in the Family PACT Program and that provides abortion- and contraception-related services. For funding eligibility, the bill would require a Medi-Cal managed care plan to identify the qualified providers and the services that will be provided through the pilot program, as specified.The bill would, on or before July 1, 2024, subject to an appropriation, require the department to make grants or other financial support available to qualified providers for reproductive and behavioral health integration pilot programs, in order to support development and expansion of services, infrastructure, and capacity for the integration of behavioral health services for beneficiaries with mild-to-moderate behavioral health conditions.For funding eligibility, the bill would require a qualified provider to identify both the patient population or gap in access to care and the types of services provided, as specified.The bill would require the department to convene a working group, with a certain composition, to develop criteria for evaluating applications and awarding funding, to conduct an evaluation of the pilot programs, and to submit a report to the Legislature, as specified.
CA AB 5 - Rick Chavez Zbur
The Safe and Supportive Schools Act.
09/11/2023 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 65. Noes 0.).
AB 5, as amended, Zbur. The Safe and Supportive Schools Act. Existing law establishes the system of public elementary and secondary schools in this state and provides for the establishment of local educational agencies to operate these schools and provide instruction to pupils. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state. Existing law requires, no later than July 1, 2021, the State Department of Education to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, and strategies to increase support for LGBTQ pupils, as specified. Existing law encourages schools operated by a school district or county office of education and charter schools to use those resources to provide training at least once every 2 years to teachers and other certificated employees of those schools that serve pupils in grades 7 to 12, inclusive.This bill would require the State Department of Education, on or before July 1, 2025, to finalize the development of an online training delivery platform and an online training curriculum to support LGBTQ cultural competency training for teachers and other certificated employees, as specified. The bill would delete the above-described encouragement and instead would require, commencing with the 2025–26 school year and ending with the completion of the 2029–30 school year, each local educational agency, as defined, serving pupils in grades 7 to 12, inclusive, to use the online training delivery platform and curriculum, or an in-service alternative, to provide at least one hour of required training annually to teachers and other certificated employees at those schools, as provided. The bill would require each local educational agency to maintain records documenting the training, as provided. The bill would require the department to monitor compliance with the training requirement as part of the department’s annual compliance monitoring of state and federal programs. The bill would require the department, within 9 months of the completion of the 5-year training period, to report data from that compliance monitoring to the Legislature, and post the report on the department’s internet website, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require these provisions to be known as the Safe and Supportive Schools Act. This bill would make these requirements inoperative on July 1, 2031, and would repeal them as of January 1, 2032.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 505 - Philip Y. Ting
The Office of Youth and Community Restoration.
09/13/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 505, as amended, Ting. The Office of Youth and Community Restoration. (1) Existing law creates the Office of Youth and Community Restoration within the California Health and Human Services Agency to promote trauma-responsive, culturally informed services for youth involved in the juvenile justice system, as specified. Existing law grants the office the responsibility and authority to report on youth outcomes, identify policy recommendations, identify and disseminate best practices, and provide technical assistance to develop and expand local youth diversion opportunities.Existing law requires the office to have an ombudsperson and authorizes the ombudspersons to, among other things, investigate complaints from youth and access facilities serving youth involved in the juvenile justice system with advanced notice of a minimum of 48 hours to the agency in control of the facility. Existing law requires the ombudsperson to publish and provide regular reports to the Legislature regarding data collected concerning, among other things, investigations performed by the ombudsperson.This bill would authorize an ombudsperson to access a facility at any time without prior notice to the operator of the facility. The bill would require the ombudsperson to have access to, review, receive, and make copies of any record of a local agency, including all juvenile facility records at all times, expect as otherwise prohibited. The bill would authorize the ombudsperson to meet or communicate privately with any youth, personnel, or volunteer in a juvenile facility and interview any relevant witnesses. The bill would authorize the ombudsperson to interview sworn probation personnel in accordance with applicable federal and state law, local probation department policies, and collective bargaining agreements. The bill would require the ombudsperson to be granted access to youth at all times, and would require the ombudsperson to be able to take notes, audio or video recording, or photographs during the meeting or communication with youth, to the extent not otherwise prohibited by applicable federal or state law. The bill would also require the ombudsperson to include recommendations for improving the juvenile justice system in their regular reports regarding data annually collected and made publicly available on the office’s internet website. (2) Existing law establishes the Board of State and Community Corrections, with the mission of providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system. Existing law requires the judge of the juvenile court of a county to inspect any jail, juvenile hall, or special purpose juvenile hall that was used for the confinement of a juvenile for more than 24 hours in the preceding calendar year, as specified. Existing law requires the court to notify the operator of the facility of any observed noncompliance, and make a finding of suitability of the facility for the confinement of juveniles. Existing law requires the board to conduct a biennial inspection of each jail, juvenile hall, lockup, special purpose juvenile hall, camp, ranch, or secure youth treatment facility, as specified.This bill would additionally require a judge of the juvenile court to inspect any lockup, camp, ranch, or secure youth treatment facility that was used for the confinement of any juvenile for more than 24 hours in the preceding calendar year, as specified.(3) Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, the minor, the minor’s parents or guardian, and the attorneys for the parties. Existing law makes it a misdemeanor to disseminate information obtained pu
CA AB 512 - Marie Waldron
Mental health and substance use disorders: database of facilities.
05/18/2023 - In committee: Held under submission.
AB 512, as amended, Waldron. Mental health and substance use disorders: database of facilities. Existing law establishes a system of mental health programs, largely administered through the counties, to provide mental health and substance use disorder services in the state. Existing law regulates the facilities that provide these services, including acute psychiatric hospitals, residential substance abuse treatment facilities, and outpatient programs.This bill would require that, by July 1, 2024, the California Health and Human Services Agency, either on its own or through the Behavioral Health Task Force established by the Governor, create an ad hoc committee to study how to develop a real-time, internet-based system, usable by hospitals, clinics, law enforcement, paramedics and emergency medical technicians (EMTs), and other health care providers as deemed appropriate, to display information about available beds in inpatient psychiatric facilities, crisis stabilization units, residential community mental health facilities, and residential alcoholism or substance abuse treatment facilities in order to facilitate the identification and designation of available facilities for the transfer to, and temporary treatment of, individuals in mental health or substance use disorder crisis. The ad hoc committee shall submit a report of its findings to the Legislature no later than July 1, 2025.
CA AB 524 - Buffy Wicks
Discrimination: family caregiver status.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 524, Wicks. Discrimination: family caregiver status. Existing law, the California Fair Employment and Housing Act (FEHA), which is enforced by the Civil Rights Department, prohibits various forms of employment discrimination and recognizes the opportunity to seek, obtain, and hold employment without specified forms of discrimination as a civil right. The act also makes it an unlawful employment practice for an employer, among other things, to refuse to hire or employ a person because of various personal characteristics, conditions, or traits.This bill would prohibit employment discrimination on account of family caregiver status, as defined, and would recognize the opportunity to seek, obtain, and hold employment without discrimination because of family caregiver status as a civil right, as specified.This bill would incorporate additional changes to Section 12926 of the Government Code proposed by SB 403 to be operative only if this bill and SB 403 are enacted and this bill is enacted last.
CA AB 531 - Richard Dale Roth
The Behavioral Health Infrastructure Bond Act of 2023.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 531, Irwin. The Behavioral Health Infrastructure Bond Act of 2023. Existing law establishes the Multifamily Housing Program administered by the Department of Housing and Community Development. Existing law requires assistance for projects under the program to be provided in the form of deferred payment loans to pay for eligible costs of specified types of development, as provided. Existing law requires that specified funds appropriated to provide housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are inherently impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic or other communicable diseases be disbursed in accordance with the Multifamily Housing Program for specified uses.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the approval of ministerial projects. Existing law, until July 1, 2024, exempts from CEQA a project funded to provide housing for individuals and families who are experiencing homelessness, as described above, if certain requirements are satisfied, including if the project proponent obtains an enforceable commitment to use a skilled and trained workforce for any proposed rehabilitation, construction, or major alterations, as specified.This bill would provide that projects funded by the Behavioral Health Infrastructure Bond Act of 2024 that provide housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are inherently impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic or other communicable diseases and are disbursed in accordance with the Multifamily Housing Program, or projects that are disbursed in accordance with the Behavioral Health Continuum Infrastructure Program, are a use by right and subject to the streamlined, ministerial review process. The bill would define use by right for these purposes to mean that the local government’s review of the project does not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a project subject to the approval process in CEQA.Because the bill would revise the approval process of specified projects, the bill would impose a state-mandated local program.Existing law authorizes the State Department of Health Care Services to, subject to an appropriation, establish a Behavioral Health Continuum Infrastructure Program to award grants as specified for the construction, acquisition, and rehabilitation of behavioral health treatment resources, as described. Existing law repeals this program on January 1, 2027.This bill would continue that program indefinitely.Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services in every county through locally administered and locally controlled community mental health programs. Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 in the November 2, 2004, statewide general election, establishes the Mental Health Services Fund to fund various county mental health programs.This bill would enact the Behavioral Health Infrastructure Bond Act of 2024 which, if approved by the voters, would authorize the issuance of bonds in the amount of $6,380,000,000 to finance loans or grants for the acquisition of capital assets for the conversion, rehabilitation, or new construction of permanent supportive housing for veterans and others who are homeless and meet
CA AB 551 - Steve Bennett
Medi-Cal: specialty mental health services: foster children.
07/05/2023 - From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on APPR.
AB 551, as amended, Bennett. Medi-Cal: specialty mental health services: foster children. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services (department), under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, specialty mental health services include federal Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) services provided to eligible Medi-Cal beneficiaries under 21 years of age. Existing law requires each local mental health plan to establish a procedure to ensure access to outpatient specialty mental health services, as required by the EPSDT program standards, for youth in foster care who have been placed outside their county of adjudication, as described.Existing law requires the department to issue policy guidance on the conditions for, and exceptions to, presumptive transfer of responsibility for providing or arranging for specialty mental health services to a foster youth from the county of original jurisdiction to the county in which the foster youth resides, as prescribed. On a case-by-case basis, and when consistent with the medical rights of children in foster care, existing law authorizes the waiver of presumptive transfer, with the responsibility for the provision of specialty mental health services remaining with the county of original jurisdiction if certain exceptions exist. Under existing law, the county probation agency or the child welfare services agency is responsible for determining whether waiver of the presumptive transfer is appropriate, with notice provided to the person requesting the exception.Under existing law, commencing July 1, 2023, in the case of placement of foster children in short-term residential therapeutic programs, community treatment facilities, or group homes, or in the case of admission of foster children to children’s crisis residential programs, the county of original jurisdiction is required to retain responsibility and presumptive transfer provisions apply only if certain circumstances exist.This bill, for purposes of foster children placed or admitted in those specific settings, would delay, until July 1, 2024, the requirement on the county of original jurisdiction to retain responsibility and the limitation on the presumptive transfer provisions. By extending the period during which a county agency is responsible for making determinations about presumptive transfer waivers and making certain notifications, the bill would impose a state-mandated local program.Existing law conditions implementation of the above-described provisions on the availability of federal financial participation and receipt of all necessary federal approvals. If the department makes the determination that it is necessary to seek federal approval, existing law requires the department to make an official request for approval from the federal government no later than July 1, 2024.This bill would delay the deadline for any necessary federal approval requests to July 1, 2025.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.This bill would declare that it is to take effect immediately as an urgency statute.
CA AB 555 - Juan Carrillo
California state preschool programs: reimbursement amounts: adjustment factors.
09/01/2023 - In committee: Held under submission.
AB 555, as amended, Juan Carrillo. California state preschool programs: reimbursement amounts: adjustment factors. Existing law, the Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs, including, but not limited to, part-day and full-day age and developmentally appropriate programs for 3- and 4-year-old children. Existing law requires each state preschool program applicant or contracting agency to give priority for part-day and full-day programs according to a specified priority ranking. Existing law requires the 3rd priority for services to be given to eligible 4-year-old children who are not enrolled in a state-funded transitional kindergarten program and requires the 4th priority to be given to eligible 3-year-old children.This bill would instead require the 3rd priority for services to be given to eligible 3- and 4-year old children who are not enrolled in a state-funded transitional kindergarten program, and would revise the remaining priorities accordingly.Existing law requires the State Department of Education, in collaboration with the State Department of Social Services, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service, for purposes of the act. Existing law requires those contractors who, as of December 31, 2021, received the established?standard reimbursement rate to be reimbursed at the greater of the 75th percentile of the?2018?regional market rate survey or the contract per-child reimbursement amount as of December 31, 2021, as increased by a specified cost-of-living adjustment.This bill would instead require, for a contract whose period of performance begins on and after July 1, 2023, the contract reimbursement to be based on the lesser of the maximum reimbursable amount stated in the contract, the net reimbursable program costs, or the product of the adjusted child days of enrollment for certified children times the contract rate set forth in the above-described provisions. Existing law establishes adjustment factors to reflect the additional expense of serving full-day and part-day preschool children who have exceptional needs, are being provided with early childhood mental health consultation services, or are 47 months or younger, as provided. Existing law additionally establishes adjustment factors to reflect the additional expense of serving full-day preschool children who are at risk of neglect, abuse, or exploitation or who are dual language learners. Existing law prohibits days of enrollment for children who meet more than one of the criteria eligible for adjustment from being reported under more than one of those categories. This bill would, on and after July 1, 2024, additionally apply those adjustment factors for children who are at risk of neglect, abuse, or exploitation or who are dual language learners to part-day preschool children. The bill would also eliminate the prohibition on reporting children under more than one of the above-specified categories eligible for adjustment and make conforming changes.
CA AB 557 - Gregg Hart
Open meetings: local agencies: teleconferences.
09/15/2023 - Enrolled and presented to the Governor at 4 p.m.
AB 557, Hart. Open meetings: local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined.Existing law, until January 1, 2024, authorizes the legislative body of a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect. Those circumstances are that (1) state or local officials have imposed or recommended measures to promote social distancing, (2) the legislative body is meeting for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or (3) the legislative body has previously made that determination. If there is a continuing state of emergency, or if state or local officials have imposed or recommended measures to promote social distancing, existing law requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.Existing law requires a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option. Existing law prohibits a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time.This bill would revise the authority of a legislative body to hold a teleconference meeting under those abbreviated teleconferencing procedures when a declared state of emergency is in effect. Specifically, the bill would extend indefinitely that authority in the circumstances under which the legislative body either (1) meets for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or (2) has previously made that determination. The bill would also extend the period for a legislative body to make the above-described findings related to a continuing state of emergency to not later than 45 days after the first teleconferenced meeting, and every 45 days thereafter, in order to continue to meet under the abbreviated teleconferencing procedures.The bill would additionally make nonsubstantive changes to those provisions and correct erroneous cross-references.(2) T
CA AB 56 - Thomas W. Lackey
Victim’s compensation: emotional injuries.
09/13/2023 - In Assembly. Ordered to Engrossing and Enrolling.
AB 56, as amended, Lackey. Victim’s compensation: emotional injuries. Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes, including emotional injuries where the crime was a violation of specified provisions.This bill would expand eligibility for compensation to include emotional injuries from felony violations of, among other things, attempted murder, rape and sexual assault, mayhem, and stalking.By expanding the authorization for the use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation.
CA AB 578 - Marc Berman
Multifamily Housing Program: No Place Like Home Program.
09/01/2023 - In committee: Held under submission.
AB 578, as amended, Berman. Multifamily Housing Program: No Place Like Home Program. (1) Existing law requires the Department of Housing and Community Development to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities.Under existing law, the principal and accumulated interest of a loan issued under the Multifamily Housing Program is due and payable upon the completion of the term of the loan. Existing law prohibits the amount of the required loan payments from exceeding 0.42% per annum for the first 30 years of the loan term.This bill would prohibit, for the first 30 years of the loan term, the amount of the required loan payments from exceeding 0.42% per annum or $260 per assisted unit, whichever is less. The bill would authorize the department to adjust the $260 cap for inflation based on the California Consumer Price Index, as specified.(2) Existing law, known as the No Place Like Home Program, requires the Department of Housing and Community Development to award $2,000,000,000 among counties to finance capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, and to capitalize operating reserves, of permanent supportive housing for the target population, as specified. Existing law establishes the No Place Like Home Fund, requires specified moneys to be deposited in the fund, and continuously appropriates moneys in the fund for the program. Existing law requires loans for capital costs made by the department under the program to be in the form of secured deferred payment loans to pay for the eligible costs of development. Existing law prohibits the amount of the required loan payments from exceeding 0.42% per annum for the first 15 years of the loan term.This bill would prohibit, for the first 15 years of the loan term, the amount of the required loan payments from exceeding 0.42% per annum or $260 per assisted unit, whichever is less. The bill would authorize the department to adjust the $260 cap for inflation based on the California Consumer Price Index, as specified.The No Place Like Home Program was ratified and amended by the No Place Like Home Act of 2018, approved by the voters as Proposition 2 at the November 6, 2018, statewide general election. Existing law authorizes the Legislature to amend Proposition 2 by a 2/3 vote, so long as the amendment is consistent with and furthers the intent of that measure.The bill would state the finding of the Legislature that these provisions are consistent with, and further the intent of, the No Place Like Home Act of 2018.
CA AB 58 - Ash Kalra
Deferred entry of judgment pilot program.
09/13/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 58, as amended, Kalra. Deferred entry of judgment pilot program. Existing law authorizes, until January 1, 2024, the Counties of Alameda, Butte, Napa, Nevada, Santa Clara, and Ventura to establish a pilot program to operate a deferred entry of judgment program for eligible defendants. Existing law authorizes a defendant to participate in the program within the county’s juvenile hall if that person is charged with committing a felony offense, except as specified, pleads guilty to the charge or charges, and the probation department determines that the person meets prescribed requirements, including that the defendant meets the age requirements. Existing law requires each participating county to establish a multidisciplinary team to meet periodically to review and discuss the implementation, practices, and impact of the program, and to submit data on the pilot program to the Board of State and Community Corrections. Existing law requires the board to conduct an evaluation of the pilot program’s impact and effectiveness, as specified, and would require, no later than December 31, 2022, the evaluation to be combined into a comprehensive report and submitted to the Assembly and Senate Committees on Public Safety.This bill would remove the Counties of Napa and Ventura from the counties authorized to establish a pilot program. The bill would extend the pilot program to January 1, 2026, and would instead require, no later than December 31, 2024, counties to conduct the above-specified evaluation and to submit a report based on that evaluation to the Assembly and Senate Committees on Public Safety.
CA AB 583 - Buffy Wicks
Birthing Justice for California Families Pilot Project.
05/18/2023 - In committee: Held under submission.
AB 583, as amended, Wicks. Birthing Justice for California Families Pilot Project. Existing law establishes the Department of Health Care Access and Information, which administers, among other programs, the California Reproductive Health Equity Program to ensure abortion and contraception services are affordable for and accessible to all patients and to provide financial support for safety net providers of these services. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services pursuant to a schedule of benefits. Existing law requires the department to convene a workgroup to examine the implementation of the Medi-Cal doula benefit, as specified, and, no later than July 1, 2024, to publish a report that addresses the number of Medi-Cal recipients utilizing doula services and identifies barriers that impede access to doula services, among other things. This bill would establish the Birthing Justice for California Families Pilot Project, which would include a 3-year grant program administered by the Department of Health Care Access and Information to provide grants to specified entities, including community-based doula groups, to provide full-spectrum doula care to pregnant and birthing people who are low income and do not qualify for Medi-Cal or who are from communities that experience high rates of negative birth outcomes. The bill would require the department to take specified actions with regard to awarding grants, including awarding grants to selected entities on or before January 1, 2025. The bill would require a grant recipient to use grants funds to pay for the costs associated with providing full-spectrum doula care to eligible individuals and establishing and managing doula services. The bill would require a grant recipient, in setting the payment rate for a doula being paid with grant funds, to comply with specified parameters, including that the payment rate not be less than the Medi-Cal reimbursement rate for doulas or the median rate paid for doula care in existing local pilot projects providing doula care in California, whichever is higher. The bill would require the department, on or before January 1, 2028, to submit a report to the appropriate policy and fiscal committees of the Legislature on the expenditure of funds and relevant outcome data for the pilot project. The bill would repeal these provisions on January 1, 2029.
CA AB 597 - Freddie Rodriguez
Workers’ compensation: first responders: post-traumatic stress.
02/27/2023 - Re-referred to Com. on INS.
AB 597, as amended, Rodriguez.
Workers’ compensation: first responders: post-traumatic stress.
Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law provides, until January 1, 2025, that, for certain state and local firefighting personnel and peace officers, the term “injury” includes post-traumatic stress that develops or manifests during a period in which the injured person is in the service of the department or unit. Existing law requires the compensation awarded pursuant to this provision to include full hospital, surgical, medical treatment, disability indemnity, and death benefits.This bill would, for injuries occurring on or after January 1, 2024, make that provision applicable to emergency medical technicians and paramedics, as defined.
CA AB 599 - Christopher M. Ward
Suspensions and expulsions: tobacco.
07/05/2023 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 5). Re-referred to Com. on APPR.
AB 599, as amended, Ward. Suspensions and expulsions: tobacco. Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed a specified act, including, among other acts, that the pupil possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, vaping products, and betel.This bill would, commencing July 1, 2025, remove having possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, vaping products, and betel from the list of acts for which a pupil, regardless of their grade of enrollment, may be suspended or recommended for expulsion for. The bill would, commencing July 1, 2025, prohibit a charter school pupil in kindergarten or any of grades 1 to 12, inclusive, from being suspended or recommended for expulsion solely on the basis of those acts.Existing law requires the principal or superintendent of schools to recommend the expulsion of a pupil for certain acts committed at school or at a school activity off school grounds, including, among others, the unlawful possession of certain controlled substances, unless the principal or superintendent determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct.This bill, commencing July 1, 2025, would instead no longer require the principal or superintendent of schools to recommend the expulsion of a pupil for the unlawful possession of certain controlled substances under any circumstance.This bill would require the State Department of Education, on or before July 1, 2025, to develop and make available a model policy for a public health approach to addressing pupil possession and use of illicit drugs on school property, as specified. The bill would require the department to collaborate with stakeholders, including treatment providers, local educational agencies, and community-based organizations in the development of the model policy. The bill would require local educational agencies, as defined, to adopt, on or before July 1, 2025, a plan to address pupils who possess or use drugs on school property. The bill would require the plan to be youth-informed, reduce criminalization, and to include specific information on where on campus and in the community pupils can receive education, treatment, or support for substance abuse. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.This bill would also make Legislative findings and declarations relating to these provisions, make conforming changes, and delete obsolete provisions.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 60 - Isaac G. Bryan
Restorative justice program.
09/12/2023 - In Assembly. Ordered to Engrossing and Enrolling.
AB 60, as amended, Bryan. Restorative justice program. Existing law establishes specified rights for victims and witnesses of crimes, including to be notified or informed regarding specified court proceedings and inmate placement or parole eligibility. Existing law requires the Attorney General to, by June 1, 2025, create and distribute a “Victim Protections and Resources” card, which contains information about victim rights and resources, as specified.This bill would give a victim the right to be notified of the availability of community-based restorative justice programs and processes available to them, including programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation, as specified. The bill would additionally require the Attorney General to include this information in the “Victim Protections and Resources” card, as specified.Existing law establishes the jurisdiction of the juvenile court, which may adjudge a minor or nonminor to be a dependent or ward of the court under certain circumstances. Existing law requires the probation officer to inform the victim of a crime in a juvenile proceeding of the final disposition of the case and of any victim-offender conferencing program or victim impact class available in the county.This bill would remove the requirement that the victim be notified of a victim-offender conferencing program, but would require the victim to be notified of the availability of community-based restorative justice programs and processes available to them. By increasing the duties of probation officers, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 61 - Isaac G. Bryan
Criminal procedure: arraignment.
06/01/2023 - Ordered to inactive file at the request of Assembly Member Bryan.
AB 61, as amended, Bryan. Criminal procedure: arraignment. Existing law requires a person, once arrested, to be taken before a magistrate without delay and, in any event, within 48 hours after arrest, not including weekends and holidays, as specified.This bill would remove the weekends and holidays exemption, thereby requiring a person to be taken before the court within 48 hours of their arrest, or to be released, except that if the 48-hour period expires at a time that the court is in session, the arraignment can occur anytime that day.Existing law requires a person arrested without a warrant to be taken before the nearest magistrate in the county in which the offense is triable without delay. Existing law also authorizes a peace officer to release the arrested person from custody instead of taking them before a magistrate under certain specified circumstances, including if the person was arrested for intoxication only. This bill would require the person to be taken before the magistrate within 48 hours of their arrest. This bill would require that the court make an initial determination of probable cause, as specified, no more than 48 hours after the warrantless arrest. The bill would also require that if the court makes an initial finding of no probable cause, the court order the person to be released immediately.Existing law similarly requires a juvenile that has been arrested to be released with 48 hours, excluding judicial holidays, unless a petition has been filed to make the minor a ward of the court or charges have been filed charging the minor as an adult.This bill would remove the judicial holidays exemption and the petition exemption and would instead prohibit any juvenile from being held more than 48 hours if they did not receive an initial judicial determination of probable cause. By imposing a higher level of service on prosecutors, public defenders, police, jails, and courthouses, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 614 - James D. Wood
Medi-Cal.
09/30/2023 - Approved by the Governor.
AB 614, Wood. Medi-Cal. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.This bill would make a change to an obsolete reference to the former Healthy Families Program, whose health services for children have been transitioned to the Medi-Cal program. The bill would make a change to an obsolete reference to the former Access for Infants and Mothers Program and would revise a related provision to instead refer to the successor Medi-Cal Access Program. The bill would delete, within certain Medi-Cal provisions, obsolete references to a repealed provision relating to nonprofit hospital service plans.Existing law establishes, under Medi-Cal, the County Health Initiative Matching Fund, a program administered by the department, through which an applicant county, county agency, local initiative, or county organized health system that provides an intergovernmental transfer, as specified, is authorized to submit a proposal to the department for funding for the purpose of providing comprehensive health insurance coverage to certain children. The program is sometimes known as the County Children’s Health Initiative Program (CCHIP).This bill would revise certain provisions to rename that program as CCHIP.Existing law requires the Director of Health Care Services to enter into contracts with managed care plans under Medi-Cal and related provisions, including health maintenance organizations, prepaid health plans, or other specified entities, for the provision of medical benefits to all persons who are eligible to receive medical benefits under publicly supported programs.This bill would delete that list of entities and would instead specify that the director would be required to enter into contracts with managed care plans licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975, except as otherwise authorized under the Medi-Cal program. The bill would require the director, prior to issuing a new request for proposal or entering into new contracts, to provide an opportunity for interested stakeholders to provide input to inform the development of contract provisions.The bill would also make technical changes to some of the provisions described above.
CA AB 620 - Damon Connolly
Health care coverage for metabolic disorders.
10/07/2023 - Vetoed by Governor.
AB 620, Connolly. Health care coverage for metabolic disorders. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of disability insurers, including health insurers, by the Department of Insurance. Existing law requires a health care service plan contract and disability insurance policy that provides coverage for hospital, medical, or surgical expenses and is issued, amended, delivered, or renewed on and after July 1, 2000, to provide coverage for the testing and treatment of phenylketonuria, including coverage for the formulas and special food products that are part of a prescribed diet, as specified.This bill would require a health care service plan contract and disability insurance policy that provides coverage for hospital, medical, or surgical expenses and is issued, amended, delivered, or renewed on and after July 1, 2024, to provide coverage for formulas, as defined, for the treatment of other chronic digestive diseases and inherited metabolic disorders, as specified. The bill would specify that these provisions do not apply to Medi-Cal managed care plans to the extent that the services are excluded from coverage under the contract between the Medi-Cal managed care plan and the State Department of Health Care Services. Because a violation of the bill’s requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 657 - Corey A. Jackson
Mental Health Services Funding Act.
04/10/2023 - In committee: Set, first hearing. Hearing canceled at the request of author.
AB 657, as amended, Jackson. Mental Health Services Funding Act. Existing state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state of, or on the storage, use, or other consumption in this state of, tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including an exemption for the sale of, or the storage, use, or consumption of, food products for human consumption. Existing law defines “food products” to mean, among other things, sugar and sugar products, candy, gum, confectionery, and cocoa and cocoa products.Existing law establishes the Mental Health Services Fund under the administration of the state and continuously appropriates money in the fund for certain purposes, including programs and other related activities as designated by the Children’s Mental Health Services Act, which establishes an interagency system of care for children with serious emotional and behavioral disturbances that provides comprehensive, coordinated care, as specified.This bill would enact the Mental Health Services Funding Act that would require a distributor to pay a tax upon the distributor’s distributions of candy, as defined, at the rate of $0.05 for each untaxed candy distributed. The bill would define “distribution” to mean the sale, except a retail sale, of untaxed candy in this state. The bill would require all revenues, interest, and penalties, less refunds, collected from the candy tax to be deposited into the Candy Tax Fund, a continuously appropriated fund created by the bill, and would require all amounts in the fund to be distributed to the Mental Health Services Fund. By creating a continuously appropriated fund and allocating additional moneys to a continuously appropriated fund, this bill would make an appropriation.This bill would provide for the administration and collection of the tax described above pursuant to procedures set forth in the Fee Collection Procedures Law. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 665 - Scott D. Wiener
Minors: consent to mental health services.
10/07/2023 - Approved by the Governor.
AB 665, Wendy Carrillo. Minors: consent to mental health services. Existing law, for some purposes, authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling on an outpatient basis, or to residential shelter services, if the minor is mature enough to participate intelligently in the outpatient services or residential shelter services, as specified, and either the minor would present a danger of serious physical or mental harm to themselves or to others or if the minor is the alleged victim of incest or child abuse. For other purposes, existing law authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling services if the minor is mature enough to participate intelligently in the outpatient services or counseling services. This bill would align the existing laws by removing the additional requirement that, in order to consent to mental health treatment or counseling on an outpatient basis, or to residential shelter services, the minor must present a danger of serious physical or mental harm to themselves or to others, or be the alleged victim of incest or child abuse.Existing law, for some purposes, requires that the mental health treatment or counseling include involvement of the minor’s parent or guardian unless the professional person treating or counseling the minor determines that the involvement would be inappropriate. For other purposes, existing law requires the involvement of the parent or guardian unless the professional person who is treating or counseling the minor, after consulting with the minor, determines that the involvement would be inappropriate. This bill would also align the existing laws by requiring the professional person treating or counseling the minor to consult with the minor before determining whether involvement of the minor’s parent or guardian would be inappropriate.Existing law defines professional person for these purposes to include, among other things, a mental health professional, a marriage and family therapist, a licensed educational psychologist, a clinical psychologist, the chief administrator of an agency, and a licensed professional clinical counselor, as defined.This bill would add a registered psychologist, a registered psychological assistant, a psychological trainee, an associate clinical social worker, a social work intern, a clinical counselor trainee working under the supervision of a licensed professional, and a board-certified psychiatrist to the definition of professional person for these purposes.This bill would make all of the above changes operative on July 1, 2024.
CA AB 67 - Albert Y. Muratsuchi
Homeless Courts Pilot Program.
09/01/2023 - In committee: Held under submission.
AB 67, as amended, Muratsuchi. Homeless Courts Pilot Program. Existing law governs the jurisdiction of various criminal actions and criminal proceedings. Existing law also provides various diversion programs, including programs for defendants with cognitive disabilities and programs for defendants who were, or currently are, members of the United States military.This bill, upon an appropriation by the Legislature, would create the Homeless Courts Pilot Program, which would remain in effect until January 1, 2029, to be administered by the Judicial Council for the purpose of providing comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, homeless individuals who are involved with the criminal justice system. The bill would require applicant cities or counties seeking grant funds to provide a number of specified services or program components, including, but not limited to, a diversion program enabling participating defendants to have specified charges dismissed upon completion of a program, provision of temporary, time-limited, or permanent housing during the duration of the program, and a dedicated representative to assist defendants with housing needs. The bill would require an applicant for grant funding under the program to submit a plan for a new homeless court program or expansion of an existing homeless court program, and would require any funding awarded to an applicant to be used in accordance with that plan. The bill would also require the Judicial Council, on or before July 1, 2027, to submit a report to the Legislature evaluating the programs funded and the success and challenges of those programs, along with recommendations for improving the programs. The bill would require the Judicial Council, in collaboration with subject matter experts, to establish performance-based outcome measures for each participating homeless court, including, among other things, information relating to the demographics of program participants, housing placements for all participants, and successful substance use disorder treatment rates.
CA AB 68 - Christopher M. Ward
Housing.
01/04/2023 - Read first time.
AB 68, as introduced, Ward.
Housing.
Existing law, the Planning and Zoning Law, requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. Existing law defines several terms for the purposes of these provisions.This bill would make nonsubstantive changes to those definitions.
CA AB 685 - Eduardo Garcia
Workforce training: CaliforniaVolunteers: youth job corps.
05/10/2023 - In committee: Set, first hearing. Referred to suspense file.
AB 685, as introduced, Ramos. Workforce training: CaliforniaVolunteers: youth job corps. Under existing law, by executive order, CaliforniaVolunteers is established in the Office of the Governor and is charged with overseeing programs and initiatives for service and volunteerism. Existing law authorizes CaliforniaVolunteers to form a nonprofit public benefit corporation or other entity exempt from income taxation, as provided, to raise revenues and receive grants or other financial support from private or public sources, for purposes of undertaking or funding any lawful activity authorized to be undertaken by CaliforniaVolunteers. Existing federal law, the National and Community Service Trust Act of 1993, also requires the state to create a commission to carry out specified duties relating to national service programs to be eligible for grants or allotments under certain programs, or to receive distributions of approved national service positions. Existing state law continues into existence the Board of Commissioners under CaliforniaVolunteers for purposes of meeting the requirements of the federal act and the act’s implementing rules and regulations. #CaliforniansForAll Youth Jobs Corps is a program of the CaliforniaVolunteers.This bill would establish in statute the #CaliforniansForAll Youth Job Corps Program. The bill would require the CaliforniaVolunteers to expand the program, upon appropriation by the Legislature, which would fund supportive services, as specified, that are necessary for homeless youth and current or former foster youth to enable their participation in the workforce development program, as defined. Under the bill, grants would be awarded on a competitive basis. The bill would require the CaliforniaVolunteers to conduct outreach activities and to provide technical assistance to eligible applicants to ensure that grants are awarded to qualified applicants providing a broad spectrum of supportive services. The bill would prescribe definitions, duties for the CaliforniaVolunteers, and requirements for applications and applicants, including the requirement that applicants agree to provide the office any information that the office deems necessary to meet reporting requirements and other grant requirements. The bill would require the CaliforniaVolunteers to evaluate how grants awarded under the program address the needs of eligible targeted populations and, beginning one year after the initial award of grant funds, to post an annual report on its internet website regarding the progress and success of the program.
CA AB 699 - Akilah Faizah Weber
Workers’ compensation: presumed injuries.
10/08/2023 - Vetoed by Governor.
AB 699, Weber. Workers’ compensation: presumed injuries. Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law creates a rebuttable presumption that specified injuries, such as meningitis, tuberculosis, or hernia, sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment. Existing law creates a rebuttable presumption that skin cancer that develops or manifests in the course of employment of a lifeguard, as specified, arose out of and in the course of employment. Existing law authorizes a lifeguard to file a claim for skin cancer after employment has terminated for a specified period based on years of employment, not to exceed 60 months.This bill would expand presumptions for hernia, pneumonia, heart trouble, cancer, tuberculosis, bloodborne infectious disease, methicillin-resistant Staphylococcus aureus skin infection, and meningitis-related illnesses and injuries to a lifeguard employed on a year-round, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department. The bill would increase the period of time after termination of employment that a lifeguard employed on a year-round, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department can file a claim for skin cancer. The bill would expand the presumptions for illness or injury related to post-traumatic stress disorder or exposure to biochemical substances, as defined, to a lifeguard employed in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Diego.This bill would incorporate additional changes to Section 3212.11 of the Labor Code proposed by SB 391 to be operative only if this bill and SB 391 are enacted and this bill is enacted last.
CA AB 718 - Tri Ta
Veterans: mental health.
09/11/2023 - Ordered to inactive file at the request of Senator Rubio.
AB 718, as amended, Ta. Veterans: mental health. Existing law establishes the Department of Veterans Affairs. The department, among other services, provides veterans and their dependents and survivors with assistance in processing service-related disability claims, assistance in obtaining affordable housing, and information about health ailments associated with military service.This bill would require the department to establish a program to fund, upon appropriation by the Legislature, an academic study of mental health among women veterans in California, as specified. The bill would require the department to submit a report summarizing the findings and recommendations of the study to the Legislature no later than July 31, 2025.This bill would make these provisions inoperative on July 31, 2025, and would repeal them as of January 1, 2026.
CA AB 723 - Sharon Quirk-Silva
Pupil placement: special education: foster children: nonpublic, nonsectarian schools or agencies: school of origin.
09/12/2023 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.).
AB 723, as amended, Quirk-Silva. Pupil placement: special education: foster children: nonpublic, nonsectarian schools or agencies: school of origin. Existing law requires a local educational agency serving a foster child to allow the foster child to remain at the child’s school of origin upon the initial detention or placement, any subsequent change in placement, or the termination of the court’s jurisdiction, or pending resolution of a dispute regarding school of origin placement, as provided. Existing law defines “school of origin” as the school that the foster child attended when permanently housed or the school in which the foster child was last enrolled, except as specified. Existing law sets forth a method for providing special education and related services to pupils who are individuals with exceptional needs, as defined. Existing law permits, under certain circumstances, contracts to be entered into for the provision of those services by nonpublic, nonsectarian schools or agencies, as defined. Existing law authorizes a master contract for special education and related services provided by a nonpublic, nonsectarian school or agency only if the school or agency has been certified as meeting specified standards. Existing law sets forth the certification process and procedures for the nonpublic, nonsectarian schools or agencies that seek certification from the Superintendent of Public Instruction.This bill would, for a foster child who is an individual with exceptional needs, define “school of origin” as also including a placement in a certified nonpublic, nonsectarian school, as provided. The bill would require, commencing with the 2024–25 school year, a nonpublic, nonsectarian school or agency seeking certification or already certified to agree in writing, for any foster child it serves, to be designated as the school of origin of the foster child and to allow the foster child to continue their education in the school, as specified.This bill would incorporate additional changes to Section 48853.5 of the Education Code proposed by AB 373 to be operative only if this bill and AB 373 are enacted and this bill is enacted last.
CA AB 751 - Pilar Schiavo
Elder abuse.
06/29/2023 - Chaptered by Secretary of State - Chapter 18, Statutes of 2023.
AB 751, Schiavo. Elder abuse. Existing law requires every local law enforcement agency to, when the agency next undertakes the policy revision process, revise or include specified information about the elements of elder abuse crimes in the portion of its policy manual relating to elder and dependent adult abuse, if that policy manual exists. Existing law requires a municipal police department or county sheriffs’ department that adopts or revises a policy regarding elder and dependent adult abuse or senior and disability victimization on or after April 13, 2021, to include specified provisions regarding procedures for investigating elder abuse in that policy. This bill would clarify that a department that complied or complies with the requirements above regarding including specified information about the elements of elder abuse crimes in their policy manuals on or after April 13, 2021, is required to include the specified provisions regarding procedures for investigating elder abuse in their policy.
CA AB 758 - Diane B. Dixon
Firearms.
03/21/2023 - In committee: Reconsideration granted.
AB 758, as introduced, Dixon. Firearms. Existing law, commencing on January 1, 2024, prohibits the possession of a firearm that does not have a valid state or federal serial number or mark of identification. Existing law provides certain sentencing enhancements for persons who use or possess a firearm in the commission of certain crimes.This bill would add an additional sentencing enhancement for persons who use or possess a firearm without a valid serial number or mark of identification during the commission of certain criminal offenses.Existing law also prohibits certain persons who have been convicted of a criminal offense or have been treated for a mental disorder from possessing a firearm.This bill would impose a sentencing enhancement for this offense if the firearm possessed does not have a valid serial number or mark of identification.By adding new sentencing enhancements, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 762 - Buffy Wicks
California Violence Intervention and Prevention Grant Program.
09/12/2023 - In Assembly. Ordered to Engrossing and Enrolling.
AB 762, as amended, Wicks. California Violence Intervention and Prevention Grant Program. Existing law establishes the Board of State and Community Corrections. Existing law charges the board with providing the statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems. Existing law establishes the California Violence Intervention and Prevention (CalVIP) Grant Program and assigns the authority and duties of the board in administering the program, including the selection criteria for grants. Existing law limits the maximum grant amount to $1,500,000. Existing law repeals this program on January 1, 2025.This bill would specify that the purpose of the CalVIP program is to support effective community gun violence reduction initiatives in communities that are disproportionately impacted by community gun violence, as defined. The bill would expand the CalVIP program to include counties that have one or more cities disproportionately impacted by community gun violence and tribal governments. The bill would increase the maximum grant amount to $2,500,000 per year and require a grant cycle to be at least 3 years. The bill would require the board to establish an executive steering committee to be composed of, among other entities, persons who have been impacted by community gun violence and the director of the Office of Gun Violence Prevention or their designee, as specified. The bill would authorize the board to reserve up to 5 percent of the funds appropriated for CalVIP each year for the purpose of supporting programs and activities designed to build and sustain capacity in the field of community gun violence intervention and prevention, as specified. The bill would repeal the repeal date of the CalVIP program, thereby extending this program indefinitely.
CA AB 763 - Laurie Davies
Sexually violent predators: conditional release: placement location.
02/23/2023 - Referred to Com. on PUB. S.
AB 763, as introduced, Davies.
Sexually violent predators: conditional release: placement location.
Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. Existing law establishes a procedure by which a person committed as a sexually violent predator may petition for conditional release and requires the court, if it makes a specified determination, to place the person on conditional release. Existing law generally requires that a person released on conditional release pursuant to these provisions be placed in the person’s county of domicile prior to their incarceration and prohibits the placement of a person released on conditional release within 1/4 mile of any public or private school, as specified.This bill would prohibit the placement of a person released on conditional release within
1/4 mile of a home school.
CA AB 767 - Michael A. Gipson
Community Paramedicine or Triage to Alternate Destination Act.
09/30/2023 - Approved by the Governor.
AB 767, Gipson. Community Paramedicine or Triage to Alternate Destination Act. Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical services (EMS) systems. The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act establish the Emergency Medical Services Authority, which is responsible for the coordination and integration of EMS systems. Existing law makes a violation of the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act or regulations adopted pursuant to the act punishable as a misdemeanor.Existing law, the Community Paramedicine or Triage to Alternate Destination Act of 2020 (the act), authorizes a local EMS agency to develop a community paramedicine or triage to alternate destination program, as defined, to provide specified community paramedicine services. The act requires the authority to develop, and after approval by the Commission on Emergency Medical Services, adopt regulations and establish minimum standards for the development of those programs. This act prohibits a person or organization from providing community paramedicine or triage to alternate destination services or representing, advertising, or otherwise implying that it is authorized to provide those services unless it is expressly authorized by a local EMS agency to provide those services as part of a program approved by the authority. The act also prohibits a community paramedic or a triage paramedic from providing their respective services unless the community paramedic or triage paramedic has been certified and accredited to perform those services and is working as an employee of an authorized provider. The act is repealed on January 1, 2024.This bill would extend the act until January 1, 2031. The bill would expand the allowable community paramedicine services program specialties to include providing short-term, postdischarge followup for persons recently discharged from a hospital due to a serious health condition, including collaboration with, and by providing referral to, home health services when eligible. The bill would require, on or before January 1, 2025, the authority to amend regulations to include sufficient state-level program oversight that would allow for local EMS agencies to develop community paramedicine programs, as specified. Because a violation of the act is punishable as a misdemeanor, and this bill would create new requirements within the act and extend the operation of the act, this bill would expand an existing crime, thereby imposing a state-mandated local program.This bill would extend the authorization for specified community paramedicine short-term, postdischarge followup pilot programs to continue operations from January 1, 2024, until the regulations described above become effective. The bill would repeal certain provisions within the act requiring the authority to seek federal or private funding for those pilot programs. The bill would repeal a provision within the act requiring a local EMS agency to facilitate funding discussions between specified entities to support the implementation of the local EMS agency’s community paramedicine or triage to alternate destination program. The bill would extend a requirement for a county board of supervisors or mayor to establish an emergency medical care committee to advise a local EMS agency that elects to develop a program pursuant to the act from January 1, 2024, to January 1, 2031.Existing law requires the authority to contract with an independent third party to prepare a final report on the results of the community paramedicine or triage to alternate destination programs. Existing law requires the authority to submit the report to the relevant policy committees of the Legislature on or before April 1, 2023. This bill would instead require the authority to prepare the final report and submit the report on or befo
CA AB 775 - Joaquin Arambula
Personal services contracts: state employees: physician registry for state hospitals.
09/01/2023 - In committee: Held under submission.
AB 775, as introduced, Arambula. Personal services contracts: state employees: physician registry for state hospitals. Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law permits the use of personal services contracts for purposes of cost savings when specified conditions are met, including when the potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by the state government.Existing law establishes the State Department of State Hospitals within the California Health and Human Services Agency, and provides the department with jurisdiction over specified facilities for the care and treatment of persons with mental health disorders, including the Patton State Hospital.This bill would require the State Department of State Hospitals to establish, by January 1, 2025, a physician registry for the Patton State Hospital to be composed of members of State Bargaining Unit 16, under a 3-year pilot program. The bill would require the department to conduct and post on its internet website a semiannual survey of managers and employees to determine the efficacy of the registry. By January 10, 2026, and each year thereafter for the duration of the pilot program, the bill would require the department to submit a report to the Legislature that includes a study of the effectiveness of the registry to determine if the registry compensation rates were successful in addressing the operational needs for flexible services at a lower cost than contract registries. The bill would make the implementation of its provisions contingent upon an appropriation by the Legislature in the annual Budget Act or other statute, and would repeal its provisions on January 1, 2029.
CA AB 781 - Brian K. Maienschein
Accessibility to emergency information and services: emergency shelters: persons with pets.
09/13/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 781, as amended, Maienschein. Accessibility to emergency information and services: emergency shelters: persons with pets. Existing law, the California Emergency Services Act, provides that political subdivisions, as defined, have full power during a local emergency to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements. Existing law defines “emergency plan” for these purposes to mean official and approved documents that describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies. Existing law requires that a county send a copy of its emergency plan to the Office of Emergency Services upon an update to the plan.Upon the next update to a city or county’s emergency plan, this bill would require a county to update its emergency plan to designate emergency shelters able to accommodate persons with pets, and would require a city that has previously adopted an emergency plan designating emergency shelters to update its emergency plan to designate emergency shelters able to accommodate persons with pets. This bill would require, upon the next update to a city or county’s emergency plan, whenever a city or county designates any number of emergency shelters that it also designate at least one emergency shelter that can accommodate persons with pets. This bill would also require, upon the next update to a city or county’s emergency plan, whenever a city or county designates any number of cooling centers or warming centers, that it also, to the extent practicable, designate at least one cooling center or warming center, as applicable, that can accommodate persons with pets. The bill would require an emergency shelter designated as able to accommodate persons with pets to be in compliance with safety procedures regarding the sheltering of pets referenced or established in the component of the state and local emergency plan and applicable disaster assistance policies and procedures of the Federal Emergency Management Agency.This bill would also require a city or county to include whether the cooling or warming center can accommodate pets whenever a city or county provides public information regarding the availability of a cooling center or warming center. This bill would require a city or county to make available to the public by posting on its internet website information for pet emergency preparedness, including, but not limited to, among other things, information for creating an evacuation plan and emergency checklist for pets consistent with recommendations publicly published by the Department of Food and Agriculture and the Federal Emergency Management Agency.This bill would also make various findings and declarations in this regard. By requiring cities and counties to update their emergency plans, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 79 - Akilah Faizah Weber
Weapons: robotic devices and unmanned aircrafts.
05/23/2023 - From committee: Without further action pursuant to Joint Rule 62(a).
AB 79, as amended, Weber. Weapons: robotic devices and unmanned aircrafts. Existing law makes it a crime to possess a destructive device. Existing law makes it a felony to possess material with the intent to make a destructive device or explosive without obtaining a permit to do so.This bill would prohibit a person from knowingly manufacturing, modifying, selling, transferring, or operating a robotic device or unmanned aircraft that is equipped or mounted with a weapon, as specified. The bill would make a violation punishable by a fine of at least $1,000 but not more than $5,000. The bill would authorize the Attorney General to bring an action to remedy a violation. The bill would exclude certain entities from these provisions including, among other entities, a defense industrial company that obtains a permit from the Department of Justice, as specified. By creating a new infraction, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 796 - Akilah Faizah Weber
Athletic trainers.
07/06/2023 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E. D.
AB 796, as amended, Weber. Athletic trainers. (1) Existing law provides for the licensure and regulation of various professions and vocations by regulatory boards and entities within the Department of Consumer Affairs, including athlete agents. Existing law establishes the Medical Board of California within the Department of Consumer Affairs to enforce the licensing and regulatory provisions relating to physicians and surgeons.This bill would enact the Athletic Training Practice Act, which would establish, until January 1, 2028, the Athletic Trainer Registration Committee within the Medical Board of California to register athletic trainers and administer duties under the act. The bill would prohibit a person from practicing as an athletic trainer or using certain titles or terms without being registered by the committee.This bill would define the practice of athletic training. The bill would impose requirements for registration as an athletic trainer, including official verification of the applicant’s certification by a certifying entity for athletic trainers, as defined, and providing the committee with proof that the applicant passed a background check, as specified. The bill would require a supervising physician or surgeon to define the terms of the relationship with an athletic trainer and continuously maintain supervision and the ability to direct an athletic trainer, as specified.This bill would provide that an athletic trainer registration would be valid for 2 years and subject to renewal. The bill would require the committee to set and collect registration and renewal fees, as specified. The bill would require the committee to perform specified duties regarding administering registrations and performing oversight of registrants, including accepting complaints from the public. The bill would require the committee to deny or revoke the registration of a person that does not provide the committee with specified information and is not certified by a certifying entity for athletic trainers.This bill would establish the Athletic Trainers Fund for the deposit of registration and renewal fees and would make those fees available to the committee upon appropriation by the Legislature for the purpose of implementing the act’s provisions. For the purposes of administering its provisions, the bill would require that the committee only use moneys from the Athletic Trainers Fund, except as provided. The bill would authorize the Director of Consumer Affairs to seek and receive donations from any private individual or entity for the initial costs of implementing the act, and would specify that, if private funds are unavailable, a loan from the General Fund or a special fund may be used and repaid with fee revenue. The bill would require the director to determine that sufficient funds for that purpose have been obtained and to provide notice to the Legislature, the Governor, and on the department’s internet website of the determination.(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
CA AB 799 - Lori D. Wilson
Homelessness: financing plan.
09/12/2023 - Ordered to inactive file at the request of Senator Blakespear.
AB 799, as amended, Luz Rivas. Homelessness: financing plan. Existing law establishes the California Interagency Council on Homelessness to identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California by creating partnerships between federal, state, local, and nonprofit entities. Existing law requires the coordinating council to conduct, or contract with an entity to conduct, a statewide assessment to identify state programs that provide housing or services to persons experiencing homelessness or at risk of homelessness, as defined, and collect and analyze data to provide a comprehensive view of the homeless response system.This bill would require the council, in collaboration with continuums of care, counties, and big cities, as defined, and other stakeholders, to establish and regularly update a financing plan to solve homelessness by the year 2035. The bill would require the council to establish and update statewide performance metrics to reduce racial and ethnic disparities in homelessness and to increase successful exits from homelessness to permanent housing by updating the Statewide Action Plan for Preventing and Ending Homelessness in California, no later than January 1, 2025, and would require the council to publish these goals on its internet website, as specified.
CA AB 808 - Devon John Mathis
Crimes: rape.
04/11/2023 - In committee: Set, final hearing. Failed passage. Reconsideration granted.
AB 808, as amended, Mathis. Crimes: rape. Existing law prohibits an act of sexual intercourse accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. Existing law provides a greater punishment for this offense if the victim is a minor, as specified.Existing law also prohibits an act of sexual intercourse with a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act.This bill would impose a greater punishment for prohibited acts of sexual intercourse, as defined, if the victim is a developmentally disabled minor, as specified and defined, and the person committing the prohibited acts knows or should have known that the person is developmentally disabled. The bill would specifically require a person who commits these offenses upon a person who is 10 years of age or younger to be prosecuted pursuant to another statute providing even greater punishment.By increasing the punishment for crime, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 81 - James C. Ramos
Indian children: child custody proceedings.
09/11/2023 - Ordered to inactive file at the request of Senator Limón.
AB 81, as amended, Ramos. Indian children: child custody proceedings. Existing federal law, the Indian Child Welfare Act of 1978 (ICWA), governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of the child’s parent or guardian. Existing law states findings and declarations of the Legislature regarding Indian children, including that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with the ICWA, and it is in the interest of an Indian child that the child’s membership or citizenship in the child’s Indian tribe and connection to the tribal community be encouraged and protected, and requires the court to consider those findings in all Indian child custody proceedings.This bill would add to those findings and declarations by stating that the State of California is committed to protecting essential tribal relations by recognizing a tribe’s right to protect the health, safety, and welfare of its citizens. The bill would also declare that provisions of the Family Code, Health and Safety Code, Probate Code, and the Welfare and Institutions Code that apply to proceedings involving an Indian child, as defined, are to be collectively known as the California Indian Child Welfare Act. Existing provisions of state law govern child custody proceedings, adoption proceedings, dependency proceedings, including termination of parental rights, the voluntary relinquishment of a child by a parent, and guardianship proceedings. Existing law provides various definitions for these purposes, including “Indian child,” as provided in the ICWA.This bill would define various terms, including “Indian child,” consistent with provisions of the ICWA. The bill would also make conforming changes and cross-references throughout various provisions.This bill would declare that it is to take effect immediately as an urgency statute.
CA AB 815 - James D. Wood
Health care coverage: provider credentials.
06/07/2023 - Referred to Com. on HEALTH.
AB 815, as amended, Wood. Health care coverage: provider credentials. Existing law establishes the California Health and Human Services Agency, which includes departments charged with the administration of health, social, and other human services. Existing law provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and the regulation of health insurers by the Department of Insurance. Existing law sets forth requirements for provider credentialing by a health care service plan or health insurer.This bill would require the California Health and Human Services Agency to create and maintain a provider credentialing board, with specified membership, to certify private and public entities for purposes of credentialing physicians and surgeons in lieu of a health care service plan’s or health insurer’s credentialing process. The bill would require the board to convene by July 1, 2024, develop criteria for the certification of public and private credentialing entities by January 1, 2025, and develop an application process for certification by July 1, 2025.This bill would require a health care service plan or health insurer, or its delegated entity, to accept a valid credential from a board-certified entity without imposing additional criteria requirements and to pay a fee to a board-certified entity based on the number of contracted providers credentialed through the board-certified entity.
CA AB 820 - Eloise Gomez Reyes
State boards and commissions: seniors.
09/01/2023 - In committee: Held under submission.
AB 820, as amended, Reyes. State boards and commissions: seniors. Existing law requires the Governor and every other appointing authority to, in making appointments to state boards and commissions, be responsible for nominating a variety of persons of different backgrounds, abilities, interests, and opinions in compliance with the policy that the composition of state boards and commissions shall be broadly reflective of the general public including ethnic minorities and women.This bill would require the composition of various advisory groups and bodies to include a state agency official responsible for administering programs that serve, or state commission official that advocates on behalf of, older adults, as defined, or a representative from an organization that serves or advocates on behalf of older adults.
CA AB 829 - Marie Waldron
Crime: animal abuse.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 829, Waldron. Crime: animal abuse. Existing law makes it a crime to maliciously and intentionally maim, mutilate, torture, wound, or kill a living animal. If a defendant is granted probation for a conviction of this offense, existing law requires the court to order the defendant to complete counseling designed to evaluate and treat behavior or conduct disorders.This bill would delete the requirement that a defendant granted probation complete counseling and would, instead, require the court to order a defendant convicted of specified offenses, including the above-described offense, against animals and granted probation to successfully complete counseling designed to evaluate and treat behavior or conduct disorders. The bill would require the court to consider whether to order the defendant to undergo a mental health evaluation by an evaluator chosen by the court. Upon evaluation, if the evaluating mental health professional deems a higher level of treatment is necessary, the bill would require the defendant to complete such treatment as directed by the court. The bill would generally require the defendant to pay for counseling, the mental health evaluation, and subsequent treatment but would exempt a person who meets specified criteria from paying any costs and would otherwise authorize the court to establish a sliding fee schedule based on the defendant’s ability to pay. The bill would additionally make records related to this evaluation and treatment confidential, as specified.By requiring local government to offer counseling as part of a defendants’ probation for a conviction of specified offenses, this bill would create a state-mandated local program.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.The California Constitution provides for the Right to Truth-In-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.By excluding relevant evidence from a criminal proceeding, this bill would require a 2/3 vote of the Legislature.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 839 - Dawn Addis
Residential care facilities for the elderly: financing.
09/07/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 839, as amended, Addis. Residential care facilities for the elderly: financing. Existing law provides for the licensure and regulation of residential care facilities for the elderly (RCFEs) by the State Department of Social Services.Under existing law, the California Health Facilities Financing Authority Act, the California Health Facilities Financing Authority is authorized to make and fund loans through the issuance of revenue bonds, and award grants, to finance or refinance projects by participating health institutions, as defined. Under the act, projects include construction, expansion, remodeling, renovation, furnishing, or equipping, or funding, financing, or refinancing of a health facility, as defined, or acquisition of a health facility to be financed or refinanced with funds provided in whole or in part pursuant to the act. Under the act, the California Health Facilities Financing Authority Fund is created, with moneys in the fund continuously appropriated to the authority for carrying out the purposes of the act.This bill would expand the above-described program to include RCFEs by adding an RCFE to the definition of “health facility” under the program. The bill would make conforming changes to related provisions. The bill would clarify that other provisions under existing law relating to health facilities would not be affected by the expanded definition, as specified. Under existing law, an RCFE is defined as a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care, supervision, and certain services are provided, and whereby persons under 60 years of age with compatible needs may be allowed to be admitted or retained in an RCFE, as specified.Under the California Health Facilities Financing Authority Act, one of the types of health facilities is a multilevel facility, which is an institutional arrangement where an RCFE is operated as a part of, or in conjunction with, an intermediate care facility, a skilled nursing facility, or a general acute care hospital. Under that provision, “elderly” means a person 62 years of age or older.This bill would modify that definition of “elderly” to mean a person 60 years of age or older.By expanding the purpose for which the above-described continuously appropriated fund may be used, with regard to RCFE projects, the bill would make an appropriation from that fund. The bill would make legislative findings relating to the purpose of the bill.
CA AB 843 - Juan Carrillo
Electronic benefits transfer system.
09/12/2023 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.).
AB 843, as amended, Juan Carrillo. Electronic benefits transfer system. Existing law provides for the establishment of a statewide electronic benefits transfer (EBT) system, administered by the State Department of Social Services, for the purpose of providing financial and food assistance benefits. Existing law requires the department to establish a protocol for recipients to report electronic theft of cash benefits that, among other things, ensures the prompt replacement of benefits. Existing law provides that a recipient shall not incur any loss of cash benefits that are taken by an unauthorized withdrawal, removal, or use of benefits that does not occur by the use of a physical EBT card issued to the recipient or authorized third party, as specified, and requires the prompt replacement of those cash benefits. Existing regulations also require food benefits that are stolen in this manner to be replaced.This bill would instead prohibit a recipient from incurring any loss of electronic benefits stolen in that manner, thereby codifying the existing regulation described above. The bill would require the protocol described above to be integrated and unified to ensure uniform consistent procedures and outcomes across the state and benefit programs to reduce program complexity and administrative delay for counties and recipients. The bill would prohibit a referral for a suspected fraud investigation from delaying the prompt replacement of benefits.By imposing new duties on counties relating to the administration of benefits, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA AB 845 - David Alvarez
Behavioral health: older adults.
09/11/2023 - In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.
AB 845, as amended, Alvarez. Behavioral health: older adults. Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs, including the Adult and Older Adult Mental Health System of Care Act. Existing law authorizes the MHSA to be amended by a 2/3 vote of the Legislature if the amendments are consistent with and further the intent of the MHSA.This bill would establish within the State Department of Health Care Services an Older Adult Behavioral Health Services Administrator to oversee behavioral health services for older adults. The bill would require that position to be funded with administrative funds from the Mental Health Services Fund. The bill would prescribe the functions of the administrator and their responsibilities, including, but not limited to, developing outcome and related indicators for older adults for the purpose of assessing the status of behavioral health services for older adults, monitoring the quality of programs for those adults, and guiding decisionmaking on how to improve those services. The bill would require the administrator to receive data from other state agencies and departments to implement these provisions, subject to existing state or federal confidentiality requirements. The bill would require the administrator to report to the entities that administer the MHSA on those outcome and related indicators by July 1, 2024, and would require the report to be posted on the department’s internet website. The bill would also require the administrator to develop a strategy and standardized training for all county behavioral health personnel in order for the counties to assist the administrator in obtaining the data necessary to develop the outcome and related indicators. By expanding the purposes for which funds from a continuously appropriated fund may be spent, this bill would make an appropriation.This bill would declare that it is consistent with and furthers the intent of the MHSA.
CA AB 857 - Liz Ortega
Vocational services: formerly incarcerated persons.
09/08/2023 - Chaptered by Secretary of State - Chapter 167, Statutes of 2023.
AB 857, Ortega. Vocational services: formerly incarcerated persons. Existing law establishes the Department of Rehabilitation to provide specified services to eligible individuals with physical or mental disabilities. Existing law defines vocational rehabilitation services for these purposes.Existing law establishes the Department of Corrections and Rehabilitation to operate the state prison and maintain custody and care of persons incarcerated in the state prison as punishment for a crime.Existing law requires each inmate, upon release, to serve a period of parole. Existing law requires each inmate, upon release, to be paid an allowance by the department. Existing law also requires the department to ensure every eligible inmate released from prison receives a valid identification card issued by the Department of Motor Vehicles.This bill would require the Department of Corrections and Rehabilitation to provide each inmate, upon release, informational materials about vocational rehabilitation services and independent living programs offered by the Department of Rehabilitation, as specified, and an enrollment form for vocational rehabilitation services. The bill would also expand the scope of vocational rehabilitation services offered by the Department of Rehabilitation to include service provided to former inmates with disabilities.
CA AB 864 - Matt Haney
Drug overdose and substance use hotline.
02/15/2023 - From printer. May be heard in committee March 17.
AB 864, as introduced, Haney.
Drug overdose and substance use hotline.
Existing federal law, the National Suicide Hotline Designation Act, designates the 3-digit telephone number “988” as the universal number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system. Existing law, the Miles Hall Lifeline and Suicide Prevention Act, requires the Office of Emergency Services to appoint a 988 system director and, among other things, verify interoperability between and across 911 and 988. Existing law also requires the California Health and Human Services Agency to create, no later than December 31, 2023, a set of recommendations to support a 5-year implementation plan for a comprehensive 988 system.This bill would state the intent of the Legislature to enact legislation to create a 3-digit, statewide telephone number to connect directly to a state-managed crisis
center that gives public health information on the prevention of drug overdoses, advice for family members and people experiencing drug addiction, and referrals to substance use disorder treatment.
CA AB 872 - House Education Committee
Elementary and secondary education: omnibus bill.
09/30/2023 - Approved by the Governor.
AB 872, Committee on Education. Elementary and secondary education: omnibus bill. (1) Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law prohibits a person who does not possess a valid credential issued by the State Board of Education, as provided, from being elected or appointed to office as county superintendent of schools. Existing law requires all county superintendents of schools to possess a valid certification document authorizing administrative services.This bill would instead prohibit a person who does not possess a valid credential issued by the Commission on Teacher Credentialing from being elected or appointed to office as county superintendent of schools and would require all county superintendents of schools to instead possess a valid administrative credential issued by the commission, as provided.(2) Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities by the State Department of Social Services, including various residential care facilities for children who require out-of-home placement under certain circumstances. Existing law declares the policy of the state to facilitate the proper placement of every child in residential care facilities where the placement is in the best interests of the child. Existing law authorizes children with varying designations and varying needs, including nonminor dependents, as defined, to be placed in the same facility, licensed foster family home, or with a foster family agency, as provided.This bill would explicitly authorize community care facilities, licensed foster family homes, and foster family agencies to include nonminors who are individuals with exceptional needs, as defined, within the group of children with varying designations and varying needs that may be placed in the applicable facility, home, or agency, as provided.Under the Community Care Facilities Act, references to a “child” include nonminor dependents and nonminor former dependents or wards.This bill would, for purposes of the Community Care Facilities Act, explicitly state that references to a “child” include nonminors who are individuals with exceptional needs.
CA AB 876 - Robert A. Rivas
Pajaro River Flood Risk Management Project: environmental laws: exemptions.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 876, Robert Rivas. Pajaro River Flood Risk Management Project: environmental laws: exemptions. Existing law provides for funding for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, authorized by the federal Flood Control Act of 1966. Existing law also requires a flood management project that receives financial assistance, as provided, to meet specified requirements, and requires the Department of Water Resources or a specified state entity to submit a report to the Legislature that indicates whether the project meets those requirements.This bill would exempt the Pajaro River flood control project from various state and local environmental laws and regulations, only if specified criteria are met and only until a specified date, and as of that date would repeal these provisions. The bill would provide, among other exemptions, that a specified report, as described, shall be conclusively presumed to satisfy the requirements of the California Environmental Quality Act for the Pajaro River Project, including to support the issuance of any permit, funding, or other approval by a state or local agency for the Pajaro River Project when implementing the California Environmental Quality Act. The bill would also require the Pajaro Regional Flood Management Agency to consult with the Department of Fish and Wildlife and the Central Coast Regional Water Quality Control Board regarding the avoidance, minimization, or mitigation of specified environmental impacts, on or before March 1, 2024, as provided.This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Monterey and Santa Cruz.This bill would declare that it is to take effect immediately as an urgency statute.
CA AB 890 - Joe Patterson
Controlled substances: probation.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 890, Joe Patterson. Controlled substances: probation. Existing law prohibits the possession, sale, and transport, as specified, of certain controlled substances. Existing law requires a person granted probation for controlled substance offenses to, as a condition of probation, secure education or treatment from a local community agency designated by the court, if the service is available and the person is likely to benefit from the service.This bill would require the court to order a person granted probation pursuant to those provisions for a violation of specified laws involving any amount of fentanyl, carfentanil, benzimidazole opiate, or any analog thereof, to successfully complete a fentanyl and synthetic opiate education program, if one is available. The bill would prohibit a defendant from being charged a fee for enrollment in that education program.The bill would require a court ordering a defendant to complete those courses to only order the defendant to participate in programs that include, among other things, information regarding the nature and addictive elements of fentanyl and other synthetic opiates and their danger to a person’s life and health. The bill would require program providers to report an unexcused absence by a defendant from a fentanyl and synthetic opiate education program to the court and the probation department within 2 business days. The bill would require the court to only refer defendants to programs that are available at no cost to the participants.This bill would incorporate additional changes to Section 11373 of the Health and Safety Code proposed by SB 46 to be operative only if this bill and SB 46 are enacted and this bill is enacted last.
CA AB 904 - Sabrina Cervantes
Health care coverage: doulas.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 904, Calderon. Health care coverage: doulas. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act’s requirements a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan or health insurer to develop a maternal mental health program designed to promote quality and cost-effective outcomes. Existing law encourages a plan or insurer to include coverage for doulas.This bill would require a health care service plan or health insurer, on or before January 1, 2025, to develop a maternal and infant health equity program that addresses racial health disparities in maternal and infant health outcomes through the use of doulas. Under the bill, a Medi-Cal managed care plan would satisfy that requirement by providing coverage of doula services so long as doula services are a Medi-Cal covered benefit. The bill would require the Department of Managed Health Care, in consultation with the Department of Insurance, to collect data and submit a report describing the doula coverage and the above-described programs to the Legislature by January 1, 2027. Because a willful violation of the provisions relative to health care service plans would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 912 - Reginald Byron Jones-Sawyer Sr.
Strategic Anti-Violence Funding Efforts Act.
10/08/2023 - Vetoed by Governor.
AB 912, Jones-Sawyer. Strategic Anti-Violence Funding Efforts Act. (1) Existing law establishes the Youth Reinvestment Grant Program within the Board of State and Community Corrections to grant funds, upon appropriation, to local jurisdictions and Indian tribes for the purpose of implementing trauma-informed diversion programs for minors, as specified. This bill would repeal these provisions. The bill would reestablish the Youth Reinvestment Grant Program, to be administered by the Office of Youth and Community Restoration, for the purpose of implementing a mixed-delivery system of trauma-informed health and development diversion programs for youth, as specified. The bill would create the Youth Reinvestment Fund to be used, upon appropriation by the Legislature, by the office for the purposes of the program. The bill would require applicants for the program to be nongovernmental agencies or tribal governments, as specified. The bill would provide that an applicant under this program be awarded no less than $50,000, and no more than $2,000,000, and would specify the requirements of diversion programs to qualify for funding under these provisions.(2) Existing law establishes, until January 1, 2025, the California Violence Intervention and Prevention Grant Program, administered by the Board of State and Community Corrections, to award competitive grants for the purpose of violence intervention and prevention. This bill would establish, upon appropriation by the Legislature, the Department of Justice Violence Reduction Grant Program to be administered by the department for the purpose of supporting evidence-based, focus-deterrence collaborative programs that conduct outreach to targeted gangs and offer supportive services to preemptively reduce and eliminate violence and gang involvement. The bill would require the department to award grants on a competitive basis, with preference given to cities and local jurisdictions that are disproportionately impacted by violence and gang involvement. The bill would require the department to form a grant selection advisory committee, as specified. The bill would require grantees to report to the department, in a form and at intervals prescribed by the department, regarding the progress in achieving the grant objectives, and would require the department to report to the Legislature on the impact of violence prevention initiatives supported by the grant program.(3) Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work. Existing law requires a school of a school district or county office of education and a charter school to notify pupils and parents or guardians of pupils no less than twice during the school year on how to initiate access to available pupil mental health services on campus or in the community, or both, as provided.This bill would also establish, upon appropriation by the Legislature, within the California Health and Human Services Agency a program to evaluate applications and award grants, in 5-year cycles, to schools to implement the Trauma Intervention Program to implement evidence-based interventions for pupils impacted by trauma. The bill would give the priority to the Counties of Alameda, Fresno, Merced, Tulare, Kern, and Los Angeles, as specified. The bill would require the agency to open eligibility for grants every 5 years, with priority to the top 6 counties that have the highest rate of violent crime and homicide, as reported by the Department of Justice’s annual crime data report. The bill would also require grants to be awarded to a research organization to conduct a study on the effects of the treatment, including any effect on subsequent criminality.This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Fresno
CA AB 918 - Eduardo Garcia
Health care district: County of Imperial.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 918, Garcia. Health care district: County of Imperial. Existing law, the Local Health Care District Law, authorizes the organization and incorporation of local health care districts and specifies the powers of those districts, including, among other things, the power to establish, maintain, and operate, or provide assistance in the operation of, one or more health facilities or health services, including, but not limited to, outpatient programs, services, and facilities; retirement programs, services, and facilities; chemical dependency programs, services, and facilities; or other health care programs, services, and facilities and activities at any location within or without the district for the benefit of the district and the people served by the district. This bill would form a local health care district in the County of Imperial, designated as the Imperial Valley Healthcare District, that includes all of the County of Imperial. The bill would require the initial board of directors of the Imperial Valley Healthcare District to be appointed from and by specified bodies, including among others, the Imperial County Board of Supervisors, the Pioneers Memorial Healthcare District Board of Directors, and the Heffernan Memorial Healthcare District Board of Directors. The bill would require the initial board of directors to recommend a permanent funding source mechanism to be presented to and approved by voters via ballot measure. The bill would require the initial board of directors to enter negotiations with El Centro Regional Medical Center to decide the terms of the acquisition of the hospital. The bill would require the initial board of directors to finalize the terms of the acquisition by November 5, 2024. The bill would require the City of El Centro to negotiate in good faith with the Imperial Valley Healthcare District. The bill would require the board of directors to hold a minimum of 3 public meetings between the effective date of the bill and January 1, 2025, as specified. The bill would require the board of directors to recommend to the Imperial County Local Agency Formation Commission (LAFCO) dates for the dissolutions of the Pioneers Memorial Healthcare District and Heffernan Memorial Healthcare District and would authorize the board to recommend separate dates for each district’s dissolution. The bill would require, by January 1, 2025, the Imperial County LAFCO to dissolve the Heffernan Memorial Healthcare District and the Pioneers Memorial Healthcare District and would transfer the assets, rights, and responsibilities of the dissolved districts to the Imperial Valley Healthcare District. The bill would require, until the dissolution of both of those districts, the Heffernan Memorial Healthcare District to hold a temporary clerical role for the Board of Directors of the Imperial Valley Healthcare District, as specified. The bill would extend the terms of the board members of the districts being dissolved until their respective dissolution date or January 1, 2025, whichever occurs first. Following the appointment of the board of directors, the bill would require the board of directors to adopt a resolution to divide the Imperial Valley Healthcare District into voting districts for the purpose of electing members of the board of directors from and by the electors of those voting districts beginning with the next district election occurring after January 1, 2024. The bill would require the Imperial Valley Healthcare District to annually report to the Imperial County LAFCO regarding health care service provision in the district in 2024 and 2025, as specified. The bill would require the Imperial County LAFCO to conduct a municipal service review regarding health care service provision in the district by December 31, 2026, and by December 31 every 5 years thereafter. By imposing new duties on the City of El Centro and the County of Imperial, the bill would impose a state-mandated local program.This bill would state the i
CA AB 920 - Isaac G. Bryan
Discrimination: housing status.
05/18/2023 - In committee: Held under submission.
AB 920, as introduced, Bryan. Discrimination: housing status. Existing law prohibits discrimination in any program or activity that is conducted, operated, or administered by the state, or by any state agency, that is funded directly by the state, or that receives any financial assistance from the state, based upon specified personal characteristics.This bill would also prohibit discrimination based upon housing status, as defined.
CA AB 921 - Mia Bonta
Mental health: workforce.
05/18/2023 - In committee: Held under submission.
AB 921, as amended, Bonta. Mental health: workforce. Existing law regulates the provision of programs and services relating to mental health and requires the creation of community programs to increase access to, and quality of, community-based mental health services. Existing law requires any program permitting mental health professions to respond to emergency mental health crisis calls in collaboration with law enforcement to ensure the program is supervised by a licensed mental health professional, including, among others, a licensed clinical social worker, except as specified.This bill would require the Department of Health Care Access and Information to establish a mentorship program that will connect students enrolled in behavioral health programs with community-based organizations, as specified. The bill would require the department to coordinate a cost-of-living stipend that a student mentee may use for specific expenses. The bill would authorize a community-based organization to apply for the stipend and would require the community-based organization to distribute the stipend to its student mentees distinct from wages earned for work performed. This bill would require the department to offer an increased stipend to encourage bilingual students to participate in the program.This bill would require an eligible student to enter into an agreement with a community-based organization to complete the mentorship program concurrent with their education and to work for the community-based organization after graduation, as specified. The bill would require a community-based organization to, among other things, formally mentor each student mentee and offer each student mentee permanent employment upon successful completion of their educational program.
CA AB 93 - Isaac G. Bryan
Criminal procedure: consensual searches.
06/01/2023 - Read third time. Refused passage.
AB 93, as amended, Bryan. Criminal procedure: consensual searches. Existing law describes search warrants and enumerates the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized constitute evidence showing that a felony has been committed. Existing law authorizes a peace officer to conduct a search without a warrant if they have the voluntary consent of the person.This bill would prohibit a peace officer or law enforcement agency from conducting a warrantless search of a vehicle, person, or their effects, based solely on a person’s consent, as specified. The bill would specify that consent to conduct a search is not lawful justification for a search.
CA AB 937 - Tina McKinnor
Dependency: family reunification services.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 937, McKinnor. Dependency: family reunification services. Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness as a result of the failure or inability of their parent or guardian to adequately supervise or protect the child. Existing law establishes the grounds for removal of a dependent child from the custody of the child’s parents or guardian and generally requires the court to order the social worker to provide designated child welfare services, including family reunification services, which are to be provided up to 12 months from the date the child entered foster care.Existing law authorizes the court-ordered services to be extended up to another 6 months at the 12-month permanency hearing if the court finds that there is a substantial probability that the child will be returned to the physical custody of the parent or guardian within the extended time period, or that reasonable services have not been provided to the parent or guardian, and requires the court to specify the factual basis for its conclusion that there is that substantial probability. Existing law similarly authorizes the court-ordered services to be extended up to another 6 months at the 18-month permanency hearing for specified parents if the court finds that it is in the best interest of the child to have the time extended and there is a substantial probability that the child will be returned to the physical custody of the parent or guardian within the extended time period, or that reasonable services have not been provided to the parent or guardian, and requires the court to specify the factual basis for its conclusion that there is that substantial probability.This bill would clarify that the court shall also specify its factual basis for its conclusion that either reasonable services have not been provided to the parent or guardian or, in the case of an Indian child, that active efforts to reunite the child with their family have not been made if the court extends the services on either basis. The bill would also require the court to extend reunification services for an additional 6 months if the court determines at the 18-month permanency hearing that reasonable services have not been provided, except as specified, or that, in the case of an Indian child, active efforts to reunite the child with their family have not been made. By imposing additional duties on counties, this bill would impose a state-mandated local program.This bill would incorporate additional changes to Section 366.22 of the Welfare and Institutions Code proposed by SB 463 to be operative only if this bill and SB 463 are enacted and this bill is enacted last.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA AB 940 - Carlos Villapudua
Health care: eating disorders.
02/15/2023 - From printer. May be heard in committee March 17.
AB 940, as introduced, Villapudua.
Health care: eating disorders.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan contract and a health insurance policy to provide coverage for the diagnosis and treatment of mental illnesses, including specified eating disorders.This bill would state that it is the intent of the Legislature to enact legislation to expand treatment options and services for individuals suffering from eating disorders.
CA AB 945 - Eloise Gomez Reyes
Criminal procedure: expungement of records.
10/08/2023 - Vetoed by Governor.
AB 945, Reyes. Criminal procedure: expungement of records. Existing law allows a defendant who successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, or successfully participated as a member of a county incarcerated individual hand crew, or participated at an institutional firehouse, except as specified, to petition the court to have the pleading dismissed, thus releasing the person of any penalties and disabilities of conviction, except as otherwise provided.This bill would require, beginning May 1, 2026, and every other year thereafter, each superior court to report to the Judicial Council specified data regarding petitions seeking relief pursuant to the above-described provisions. The bill would require the Judicial Council to report the statewide data regarding these petitions beginning June 1, 2026, and every other year thereafter. The bill would repeal these provisions on January 1, 2036.
CA AB 946 - Stephanie Nguyen
Emergency services: endangered missing advisory.
07/11/2023 - Enrolled and presented to the Governor at 3 p.m.
AB 946, Stephanie Nguyen. Emergency services: endangered missing advisory. Existing law requires the California Highway Patrol to activate the Emergency Alert System at the request of an authorized person at a law enforcement agency if a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted and is in imminent danger of serious bodily injury or death, and other conditions are met.Existing law authorizes a law enforcement agency to request the Department of the California Highway Patrol to activate a Silver Alert, as defined, if the agency receives a report of a missing person who is 65 years of age or older, developmentally disabled, or cognitively impaired, and certain conditions are met, including that all local resources have been utilized and the disappearance is unexplained or suspicious. Upon concurrence by the Department of the California Highway Patrol that the conditions have been met, existing law requires the department to issue the alert, which may take the form of a be-on-the-lookout alert, an Emergency Digital Information Service message, or an electronic flyer, within the geographical area. This bill would authorize a law enforcement agency to request the Department of the California Highway Patrol to activate an Endangered Missing Advisory, as defined, if the agency receives a report of a missing person and the agency determines that all of specified conditions are met regarding the investigation of the missing person, including, among others, that the person is developmentally disabled, cognitively impaired, has been abducted, or is unable to otherwise care for themselves, placing their physical safety at risk.This bill would authorize the department, if it concurs that these conditions have been met, to activate an Endangered Missing Advisory within the appropriate geographical area. Upon activation of an Endangered Missing Advisory, the bill would authorize the department to assist the investigating law enforcement agency by disseminating an electronic flyer or activating changeable message signs in compliance with certain procedures.
CA AB 954 - Isaac G. Bryan
Dependency: court-ordered services.
09/07/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 954, as amended, Bryan. Dependency: court-ordered services. Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances, including when the child suffered or there is a substantial risk that the child will suffer serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law authorizes a court to make reasonable orders for the care, supervision, and support of a dependent child, as specified. Existing law establishes the grounds for removal of a dependent child from the custody of the child’s parents or guardian, and requires the court to order the social worker to provide designated child welfare services, including family reunification services, as prescribed. Existing law also requires family maintenance services to be provided or arranged for by county welfare department staff in order to maintain a child in their own home, and requires the services to be available without regard to income to specified families, including families in which the child is in the care of a previously noncustodial parent under the supervision of the juvenile court.This bill would require a court to inquire whether a parent or guardian can afford court-ordered services when making reasonable orders for a dependent child. The bill would prohibit a court from declaring at specified review hearings that a parent or guardian is noncompliant with a court-ordered case plan when the court finds that the parent or guardian is unable to pay for a service or that payment for a service would create an undue financial hardship for them, and the social worker did not provide a comparable free service that was accessible and available to them, as specified.
CA AB 958 - Maria Elena Durazo
Prisons: visitation.
06/07/2023 - Referred to Com. on PUB S.
AB 958, as amended, Santiago. Prisons: visitation. (1) Under existing law, a person sentenced to imprisonment in a state prison or in a county jail for a felony offense, as specified, may, during that period of confinement, be deprived of only those rights as is reasonably related to legitimate penological interests. Existing law enumerates certain civil rights of these prisoners, including the right to purchase, receive, and read newspapers, periodicals, and books accepted for distribution by the United States Post Office.This bill would include the right to personal visits by an intimate partner or a family member, as those terms are defined, as a civil right, as specified. The bill would provide that these civil rights may not be infringed, except as necessary and only if narrowly tailored to further a compelling security interest of the government, and would provide that any governmental action related to these civil rights may be reviewed in court for legal or factual error.(2) Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons and requires regulations, which are adopted by the Department of Corrections and Rehabilitation and may impact the visitation of inmates. Existing law requires these regulations to recognize and consider the value of inmate visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing inmates for successful release and rehabilitation. Existing regulations create the framework for establishing a visitation process in prisons that is conducted in as accommodating a manner as possible, subject to the need to maintain order, the safety of persons, the security of institutions and facilities, and required prison activities and operations.This bill would additionally require those regulations pertaining to inmate visits to recognize and consider the right to personal visits as a civil right. The bill would prohibit the department from denying or restricting in-person contact visits except as specified, including as a disciplinary sanction against the incarcerated person who has committed a listed offense during a personal visit. The bill would require the department to inform both the visitor and the incarcerated person of the specific reason for any denial of a visit, as specified. The bill would require the department to provide at least 3 days of in-person visiting per week, with a minimum of 7 visiting hours per day.
CA AB 962 - Vincent Karchi Fong
Identification cards.
09/07/2023 - Senate amendments concurred in. To Engrossing and Enrolling.
AB 962, as amended, Vince Fong. Identification cards. Existing law imposes a reduced base fee for the issuance of original or replacement identification cards for persons who meet certain income requirements, as specified, and for eligible inmates upon release from a state correctional facility, as specified. Existing law imposes a reduced base fee for the issuance of a replacement identification card for eligible inmates upon release from a federal correctional facility or a county jail facility, and for eligible patients treated in a facility of the State Department of State Hospitals, as specified. Existing law requires the Department of Motor Vehicles to adjust the base fee for the issuance or replacement of an identification card by increasing each fee in an amount equal to the increase in the California Consumer Price Index for the current year, as calculated by the Department of Finance.This bill would require, commencing on January 1, 2027, the fees for the above-mentioned provisions to be reduced by $2.
CA AB 988 - Buffy Wicks
Miles Hall Lifeline and Suicide Prevention Act: veteran and military data reporting.
09/21/2023 - Enrolled and presented to the Governor at 3:30 p.m.
AB 988, Mathis. Miles Hall Lifeline and Suicide Prevention Act: veteran and military data reporting. Existing federal law, the National Suicide Hotline Designation Act of 2020, designates the 3-digit telephone number “988” as the universal number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system operating through the 988 Suicide and Crisis Lifeline, maintained by the Assistant Secretary for Mental Health and Substance Use, and the Veterans Crisis Line, which is maintained by the Secretary of Veterans Affairs.Existing law creates a separate surcharge, beginning January 1, 2023, on each access line for each month, or part thereof, for which a service user subscribes with a service supplier. Existing law sets the 988 surcharge for the 2023 and 2024 calendar years at $0.08 per access line per month and beginning January 1, 2025, at an amount based on a specified formula not to exceed $0.30 per access line per month. Existing law authorizes the 911 and 988 surcharges to be combined into a single-line item, as described. Existing law provides for specified costs to be paid by the fees prior to distribution to the Office of Emergency Services.Existing law, the Miles Hall Lifeline and Suicide Prevention Act, creates the 988 State Suicide and Behavioral Health Crisis Services Fund and requires the fees to be deposited along with other specified moneys into the fund. Existing law provides that, upon appropriation by the Legislature, the funds be used for specified purposes and in accordance with specified priorities. Existing law requires the Office of Emergency Services to require an entity seeking moneys available through the fund to annually file an expenditure and outcomes report containing specified information, including, among other things, the number of individuals served and the outcomes for individuals served, if known.This bill would require an entity seeking moneys from the fund to also include the number of individuals who used the service and self-identified as veterans or active military personnel in its annual expenditure and outcomes report.
CA AB 997 - Michael A. Gipson
Exoneration: mental health services.
09/01/2023 - In committee: Held under submission.
AB 997, as amended, Gipson. Exoneration: mental health services. Existing law allows a person who was erroneously convicted of a felony and imprisoned in the state prison or a county jail to present a claim to the Victim’s Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration. Existing law requires the board to provide a recommendation to the Legislature that an appropriation be made for the purpose of indemnifying the claimant for the erroneous conviction injury. Existing law requires that the amount of the appropriation recommended by the board be equivalent to $140 per day of incarceration served, and $70 per day served on parole or supervised release, as specified. Existing law requires that these amounts be updated annually to account for changes in the United States Bureau of Labor Statistics Consumer Price Index, West Region.This bill would, upon appropriation by the Legislature, require the board to reimburse an exonerated person, or provide direct payment to their provider, for mental health services reasonably related to their incarceration. The bill would require the board to reimburse a person, in addition to the amount contained in an approved claim, with specified amounts intended to be used for mental health services, and would prohibit the board from reimbursing a person for a period of time exceeding the amount of time they were incarcerated.
CA SB 10 - Thomas J. Umberg
Pupil health: opioid overdose prevention and treatment: Melanie’s Law.
10/13/2023 - Chaptered by Secretary of State. Chapter 856, Statutes of 2023.
SB 10, Cortese. Pupil health: opioid overdose prevention and treatment: Melanie’s Law. (1) Existing law authorizes a public or private elementary or secondary school to determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school, and to designate one or more volunteers to receive related training to address an opioid overdose, as specified.This bill would state the Legislature’s encouragement of county offices of education to establish a County Working Group on Fentanyl Education in Schools, as provided, for the purposes of outreach, building awareness, and collaborating with local health agencies regarding fentanyl overdoses. The bill would require the State Department of Education to curate and maintain on its internet website, among other things, informational materials containing awareness and safety advice, for school staff, pupils, and parents or guardians of pupils, on how to prevent an opioid overdose.(2) Under existing law, each school district and county office of education is responsible for the overall development of a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive, in cooperation with certain local entities. Existing law requires that the plan identify appropriate strategies and programs that will provide or maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school safety. Existing law requires a petition to establish a charter school to include, among other things, a reasonably comprehensive description of the procedures that the charter school will follow to ensure the health and safety of pupils and staff, including requiring the development and annual update of a school safety plan that includes certain safety topics and procedures.This bill would additionally require a comprehensive school safety plan, and the school safety plan of a charter school, for a school serving pupils in any of grades 7 to 12, inclusive, to include the development of a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose. By creating new duties for local educational agencies, the bill would impose a state-mandated local program.(3) Existing law states the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities. Existing law further states legislative intent that the Multi-Tiered System of Supports, which includes restorative justice practices, among other things, may be used to help pupils, as specified.This bill would state the intent of the Legislature that a school use alternatives to a referral of a pupil to a law enforcement agency in response to an incident involving the pupil’s misuse of an opioid, to the extent not in conflict with any other law requiring that referral. The bill would state legislative intent that the above-described Multi-Tiered System of Supports may be used to achieve these alternatives.(4) This bill would incorporate additional changes to Section 32282 of the Education Code proposed by SB 323 and SB 671 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.This bill would incorporate additional changes to Section 47605 of the Education Code proposed by AB 1604 and SB 671 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.This bill would incorporate additional changes to Section 47605.6 of the Education Code proposed by AB 1604 and SB 671 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish proc
CA SB 100 - Nancy Skinner
Budget Acts of 2021 and 2022.
05/08/2023 - Re-referred to Com. on BUDGET pursuant to Assembly Rule 97.
SB 100, as amended, Skinner. Budget Acts of 2021 and 2022. The Budget Act of 2021 and Budget Act of 2022 made appropriations for the support of state government for the 2021–22 and 2022–23 fiscal years.This bill would amend the Budget Act of 2021 and Budget Act of 2022 by amending and adding items of appropriation and making other changes.The bill would declare that it is to take effect immediately as a Budget Bill.
CA SB 101 - Nancy Skinner
Budget Act of 2023.
06/15/2023 - Enrolled and presented to the Governor at 11:20 a.m.
SB 101, Skinner. Budget Act of 2023. This bill would make appropriations for the support of state government for the 2023–24 fiscal year.This bill would declare that it is to take effect immediately as a Budget Bill.
CA SB 102 - Nancy Skinner
Budget Act of 2023.
06/26/2023 - Ordered to third reading.
SB 102, as amended, Skinner. Budget Act of 2023. The Budget Act of 2023 made appropriations for the support of state government for the 2023–24 fiscal year.This bill would amend the Budget Act of 2023 by amending, adding, and repealing items of appropriation and making other changes.This bill would declare that it is to take effect immediately as a Budget Bill.
CA SB 103 - Nancy Skinner
Budget Acts of 2021 and 2022.
06/26/2023 - Ordered to third reading.
SB 103, as amended, Skinner. Budget Acts of 2021 and 2022. The Budget Act of 2021 and Budget Act of 2022 made appropriations for the support of state government for the 2021–22 and 2022–23 fiscal years. This bill would amend the Budget Act of 2021 and Budget Act of 2022 by amending and adding items of appropriation and making other changes. The bill would declare that it is to take effect immediately as a Budget Bill.
CA SB 104 - Nancy Skinner
Budget Acts of 2022 and 2023.
09/13/2023 - Chaptered by Secretary of State. Chapter 189, Statutes of 2023.
SB 104, Skinner. Budget Acts of 2022 and 2023. The Budget Act of 2022 and the Budget Act of 2023 made appropriations for the support of state government for the 2022–23 and 2023–24 fiscal years.This bill would amend the Budget Act of 2022 and the Budget Act of 2023 by amending and adding items of appropriation and making other changes.This bill would declare that it is to take effect immediately as a Budget Bill.
CA SB 11 - Pilar Schiavo
California State University: mental health counseling.
08/23/2023 - August 23 set for first hearing canceled at the request of author.
SB 11, as amended, Menjivar. California State University: mental health counseling. Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in the state. The California State University comprises 23 institutions of higher education located throughout the state.This bill would require the trustees to comply with various requirements on mental health counseling at CSU, including having one full-time equivalent California-licensed mental health counselor per 1,500 students enrolled at each CSU campus. The bill, contingent upon appropriation by the Legislature, would establish the CSU Mental Health Professionals Act to provide one-time grants to certain CSU students to become mental health counselors in the state. The bill, contingent upon appropriation by the Legislature, would establish the Mental Health Professionals Fund as the depository of moneys appropriated or otherwise received for the program, and upon appropriation by the Legislature, would require the Department of Health Care Access and Information to disburse moneys in the fund under the act. The bill would define “mental health counselor” for purposes of these provisions.
CA SB 114 - Senate Budget and Fiscal Review Committee
Education finance: education omnibus budget trailer bill.
06/27/2023 - Enrolled and presented to the Governor at 4:45 p.m.
SB 114, as amended, Committee on Budget and Fiscal Review. Education finance: education omnibus budget trailer bill. (1) Existing law establishes a public school financing system that requires state funding for school districts, county offices of education, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires the Superintendent of Public Instruction to annually calculate a county local control funding formula for each county superintendent of schools that includes, among other things, an alternative education grant, as specified. Existing law includes, among other things, a base grant based upon average daily attendance as a component of that alternative education grant.This bill would revise the alternative education grant by, among other things, increasing the base grant component of the alternative education grant, revising the calculation of average daily attendance for purposes of the alternative education grant, as specified, and establishing add-ons of $200,000 for each county office of education that operates a juvenile court school and $200,000 for each county office of education that operates a county community school. The bill would require the Superintendent to allocate $3,000 per unit of average daily attendance for a Student Support and Enrichment Block Grant, as provided. The bill would make these provisions applicable commencing with the 2023–24 fiscal year.(2) Existing law, commencing with the 2018–19 fiscal year, requires the Superintendent to add $200,000 and other specified amounts, that are dependent upon the number and size of school districts under its jurisdiction and that are determined to be in need of differentiated assistance, to a county superintendent of school’s local control funding formula allocation, as specified.This bill, commencing with the 2023–24 fiscal year, would increase the above-described add-on by $100,000.(3) Existing law, commencing with the 2015–16 fiscal year, requires the Superintendent to add $2,000,000 to the Los Angeles County Office of Education’s local control funding formula allocation for the purpose of supporting statewide professional development and leadership training for education professionals related to antibias education and the creation of inclusive and equitable schools.This bill would, commencing with the 2023–24 fiscal year, increase that add-on for the Los Angeles County Office of Education by $1,000,000 to instead be $3,000,000.(4) The Early Education Act requires the Superintendent to administer the California state preschool program. The act also requires the Superintendent, in consultation with the Director of Social Services and the executive director of the State Board of Education, to convene a statewide interest holder workgroup to provide recommendations on best practices for increasing access to high-quality universal preschool programs for 3- and 4-year-old children offered through a mixed-delivery model that provides equitable learning experiences across a variety of settings. The act requires the Superintendent, in consultation with the director, to provide a report to the appropriate fiscal and policy committees of the Legislature and the Department of Finance with the recommendations of the workgroup no later than January 15, 2023.This bill would delay the reporting of those recommendations described above to instead be no later than March 31, 2024.(5) Existing law establishes the California Prekindergarten Planning and Implementation Grant Program as a state early learning initiative with the goal of expanding access to classroom-based prekindergarten programs. Existing law appropriates $300,000,000 from the General Fund to the State Department of Education in both the 2021–22 fiscal year and the 2022–23 fiscal year for allocation to local educational agencies as base grants, enrollment grants, and supplemental grants, as specified.The bill would authorize the department to allo
CA SB 117 - Senate Budget and Fiscal Review Committee
Higher education trailer bill.
06/27/2023 - Enrolled and presented to the Governor at 4:45 p.m.
SB 117, as amended, Committee on Budget and Fiscal Review. Higher education trailer bill. (1) Existing law establishes the Higher Education Student Housing Grant Program to provide one-time grants for the construction of student housing or for the acquisition and renovation of commercial properties into student housing for the purpose of providing affordable, low-cost housing options for students enrolled in public postsecondary education in the state. Existing law appropriates $1,434,133,000 for the 2022–23 fiscal year from the General Fund for the Higher Education Student Housing Grant Program for purposes of the one-time grants described above.This bill, commencing with the 2023–24 fiscal year, would require specified funding previously allocated, or planned to be allocated, to the University of California, the California State University, and the California Community Colleges for those construction grants to instead be funded by revenue bonds issued by the University of California and the California State University, and local revenue bonds issued by community college districts. The bill would require any General Fund support for those grants provided to the campuses of the University of California, the California State University, and the California Community Colleges to revert to the General Fund. The bill would eliminate the 2022–23 fiscal year General Fund appropriation for the Higher Education Student Housing Grant Program.(2) Existing law appropriates $650,000,000 from the General Fund to the office of the Chancellor of the California Community Colleges for transfer to the Learning Recovery Emergency Fund. Existing law requires the chancellor’s office to allocate those funds to community college districts on the basis of actual reported full-time equivalent students, as provided. Existing law authorizes the funds to be expended for certain purposes related to the impact of the COVID-19 pandemic, including student supports, reengagement strategies, faculty grants, and professional development opportunities.This bill would authorize the funds in the Learning Recovery Emergency Fund to be used for additional purposes, including scheduled maintenance and special repairs of facilities and efforts to increase student retention rates and enrollment by engaging former community college students who may have withdrawn due to the impacts of the COVID-19 pandemic.(3) Existing law, until June 30, 2023, authorizes the University of California to provide a scholarship as established by the university or a campus of the university, derived from nonstate funds received for that purpose, to any of its enrolled students who meet the eligibility requirements for that scholarship.This bill would extend that authorization by 4 years.(4) Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.Existing law requires each campus of the California Community Colleges, no later than July 1, 2022, to establish the position of Basic Needs Coordinator to assist students with on- and off-campus housing, food, mental health, and other basic needs services and resources, among other responsibilities, and to establish a Basic Needs Center where basic needs services, resources, and staff are made available to students, as specified. Existing law requires each community college campus to report certain information to the office of the Chancellor of the California Community Colleges related to basic needs services and resources. Existing law requires the chancellor’s office to annually develop and submit a report to the Governor and the Legislature based on the data and information received from campuses and information on the use of funds made available to implement these provisions.This bill would require each community college camp
CA SB 118 - Senate Budget and Fiscal Review Committee
Budget Act of 2023: health.
06/26/2023 - Ordered to third reading.
SB 118, as amended, Committee on Budget and Fiscal Review. Budget Act of 2023: health. (1) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law requires a health care service plan to provide disclosures regarding the benefits, services, and terms of the plan contract, as specified, to provide the public, subscribers, and enrollees with a full and fair disclosure of the provisions of the plan.This bill would require the department to develop standard templates for the disclosure form and evidence of coverage, to include, among other things, standard definitions, benefit descriptions, and any other information that the director determines, consistent with the goals of providing fair disclosures of the provisions of a health care service plan. The bill would require the department to consult with the Department of Insurance and interested stakeholders in developing the standard templates. The bill would require health care service plans, beginning January 1, 2025, to use the standard templates for any disclosure form or evidence of coverage published or distributed, except as specified. Because a willful violation of these requirements is a crime, the bill would impose a state-mandated local program.This bill would authorize the department to develop standard templates for a schedule of benefits, an explanation of benefits, a cost-sharing summary, or any similar document. The bill would authorize the department to require health care service plans to use the standard templates, except as specified, and would authorize the director to require health care service plans to submit forms the health care service plan created based on the department’s templates for the purpose of compliance review. The bill would additionally specify that the department may implement these provisions by issuing and modifying templates and all-plan letters or similar instructions, without taking regulatory action. The bill would also update cross-references in various provisions.(2) Existing law requires a health care service plan contract or disability insurance policy to cover mental health and substance use disorder treatment, including medically necessary treatment of a mental health or substance use disorder provided by an in-network or out-of-network 988 center or mobile crisis team. Existing law prohibits a health care service plan or insurer from requiring prior authorization for medically necessary treatment of a mental health or substance use disorder provided by a 988 center or mobile crisis team.This bill would instead specify that mental health and substance use disorder treatment includes behavioral health crisis services that are provided by a 988 center, mobile crisis team or other provider of behavioral health crisis services. The bill would prohibit a health care service plan or health insurer from requiring prior authorization for behavioral health crisis stabilization services and care, but would authorize prior authorization for medically necessary mental health or substance use disorder services following stabilization from a behavioral health crisis addressed by services provided through the 988 system.This bill would require a health care service plan or health insurer that is contacted by a 988 center, mobile crisis team, or other provider of behavioral health crisis services to, within 30 minutes of initial contact, either authorize poststabilization care or inform the provider that it will arrange for the prompt transfer of the enrollee’s care to another provider. The bill would require the plan or insurer to reimburse a provider for poststabilization care in specified circumstances, including if the plan or insurer did not respond within 30 minutes to authorize care or arrange for transfer. The bill would require a plan or insurer to promine
CA SB 120 - Senate Budget and Fiscal Review Committee
Human services.
06/26/2023 - Ordered to third reading.
SB 120, as amended, Committee on Budget and Fiscal Review. Human services. (1) Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities, including group home facilities, short-term residential therapeutic programs (STRTPs), and adult residential facilities (ARFs), by the State Department of Social Services. Under existing law, the department similarly regulates residential care facilities for the elderly. A violation of provisions relating to these facilities is a misdemeanor. Existing law requires administrators of these facilities, with specified exemptions, to complete a department-approved certification program, uniformly referred to as administrator certification training programs. Under existing law, these programs require a specified minimum number of hours, depending on the facility type, of classroom instruction that provides training on a uniform core of knowledge in specified areas. Existing law also requires administrator certificates to be renewed every 2 years, conditional upon the certificate holder submitting documentation of a specified number of hours of continuing education, based on the facility type. Existing law permits up to one-half of the required continuing education hours to be satisfied through online courses, and the remainder to be completed in a classroom instructional setting, as prescribed.This bill would revise those provisions by deleting the classroom instruction requirement for initial certification and continuing education purposes, and instead would require instruction that is conducive to learning and allows participants to simultaneously interact with each other as well as with the instructor. The bill would authorize up to one-half of continuing education hours to be satisfied through self-paced courses, rather than online courses. The bill would make various conforming changes.Existing law authorizes the department to license as ARFs, subject to specified conditions, adult residential facilities for persons with special health care needs (ARFPSHNs), which provide 24-hour services to up to 5 adults with developmental disabilities who have special health care and intensive support needs, as defined. Existing law requires the department to ensure that an ARFPSHN meets specified administrative requirements, including requirements related to fingerprinting and criminal records.This bill additionally would require an ARFPSHN to meet the administrator certification requirements of an ARF, including, but not limited to, completing a department-approved administrator certification training program requiring a designated minimum number of hours of instruction conducive to learning, in which participants are able to simultaneously interact with each other as well as with the instructor, that provides training on the uniform core of knowledge applicable to ARFs, as specified. The bill would require an applicant for an administrator’s certificate to submit an application for certification to the department and pass an examination, as prescribed.Because a violation of the above-described requirements would be a crime, this bill would create a state-mandated local program.Existing law includes within the definition of a community care facility, full-service adoption agencies and noncustodial adoption agencies, both of which are licensed entities authorized to provide specified adoption services. Under existing law, a facility is deemed to be an unlicensed community care facility and maintained and operated to provide nonmedical care if it is unlicensed, not exempt from licensure, and if it satisfies one of several specified conditions, including, among others, performing any of the functions of an adoption agency or holding itself out as performing any of the functions of an adoption agency, as specified. Existing law prohibits the operation of an unlicensed community care facility in the state and makes a violation of these p
CA SB 121 - Senate Budget and Fiscal Review Committee
Developmental services.
06/26/2023 - Ordered to third reading.
SB 121, as amended, Committee on Budget and Fiscal Review. Developmental services. (1) Existing law establishes the State Department of Developmental Services, and vests in the department jurisdiction over various state developmental centers for the provision of care to persons with developmental disabilities. Existing law establishes the State Department of State Hospitals within the California Health and Human Services Agency, and provides the department with jurisdiction over specified facilities for the care and treatment of persons with mental health disorders.Existing law requires that every individual with exceptional needs, as defined, who is eligible be provided with educational instruction, services, or both, at no cost to their parent or guardian or, as appropriate, to them. A free appropriate public education is required to be made available to individuals with exceptional needs in accordance with specified federal regulations adopted pursuant to the federal Individuals with Disabilities Education Act. Existing law recognizes that individuals with exceptional needs of mandated schoolage residing in California’s state hospitals and developmental centers are entitled, under specified federal law, to have the same access to educational programs as is provided for individuals with exceptional needs residing in the community, and establishes contracting and funding provisions for that purpose. Existing law requires the Superintendent of Public Instruction, the Director of Developmental Services, and the Director of State Hospitals to develop written interagency agreements to carry out the provisions relating to educational programs for individuals with exceptional needs residing in those facilities.Existing law requires the transfer of pupils in state hospital school programs whose individualized education programs indicate that a community school program is appropriate to be transferred to schools located in the community. Existing law authorizes waivers to that requirement only when approved by both the Superintendent of Public Instruction and the Director of Developmental Services. Existing law requires the State Department of Developmental Services, on the first day of each month, upon submission of an invoice by the county superintendent of schools, to pay to the county superintendent of schools 8% of the amount projected to cover the cost of hospital pupils educated in community school programs, as specified. Existing law requires the county superintendent of schools to calculate the actual cost of educating those pupils and, if the actual cost is more or less than the projected amount, requires the following year’s distribution to be adjusted accordingly.This bill would authorize waivers described above to be approved by the State Superintendent of Public Instruction and either the State Department of Developmental Services, for individuals receiving developmental disability services, or the State Department of State Hospitals, for individuals receiving mental health services, as specified. The bill would require the State Department of State Hospitals, rather than the State Department of Developmental Services, to make payments to county superintendents of schools with respect to pupils under the State Department of State Hospital’s jurisdiction who are being educated in community school programs. The bill additionally would revise those payment provisions to require the relevant department to pay the entire amount invoiced by the county superintendent of schools, and would require an adjustment to the county’s distribution to be adjusted in the following year only if the actual cost is greater than the amount invoiced by the county superintendent of schools. The bill would update existing references to state hospitals to also refer to developmental centers, and would make various other technical changes, and delete obsolete provisions.(2) Existing law, the Lanterman Developmental Disabilities Services Act (act)
CA SB 127 - Senate Budget and Fiscal Review Committee
State government.
06/26/2023 - Ordered to third reading.
SB 127, as amended, Committee on Budget and Fiscal Review. State government. (1) Existing law, the California Age-Appropriate Design Code Act, among other things, requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements, including a requirement to configure all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children, and to provide privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature.Existing law establishes the California Children’s Data Protection Working Group to deliver a report to the Legislature on or before January 1, 2024, and every 2 years thereafter, regarding best practices for the implementation of these provisions, as specified. Existing law requires the working group to select a chair and a vice chair from among its members and requires the working group to consist of 10 members, as specified.This bill would specify that the working group is within the Office of the Attorney General, and would require the report to, instead, be delivered on or before July 1, 2024, and every 2 years thereafter. The bill would instead require the working group to consist of 9 members, as specified. The bill would permit meetings of the working group to be conducted by means of remote communication, as specified.(2) The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. The California Constitution defines “appropriations subject to limitation” of the state to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for the state, exclusive of, among other things, state subventions for the use and operation of local government, except as specified. The California Constitution defines “appropriations subject to limitation” of an entity of local government to mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for that entity and the proceeds of state subventions to that entity, except as specified, exclusive of refunds of taxes.Existing statutory provisions implementing these constitutional provisions establish the procedure for establishing the appropriations limit of the state and of each local jurisdiction for each fiscal year. Under existing law, revenues and appropriations for a local jurisdiction include subventions and with respect to the state, revenues and appropriations exclude those subventions. Existing law defines, for those purposes, “state subventions” as only including money received by a local agency from the state, the use of which is unrestricted by the statute providing the subvention.For fiscal years commencing with the 2020–21 fiscal year, existing law defines “state subventions” to additionally include money provided to a local agency pursuant to certain state programs and requires any money received by a local agency pursuant to that provision to be included within the appropriations limit of the local agency, up to the full appropriations limit of the local agency, as prescribed.This bill would require the Department of Finance to, no later than February 1 of each year, calculate the individual subvention amounts for each of those state programs and provide this information on an annual basis to the California State Association of Counties and the League of California Cities for distribu
CA SB 129 - Senate Budget and Fiscal Review Committee
Housing.
06/26/2023 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.
SB 129, as amended, Committee on Budget and Fiscal Review. Housing. (1) Existing law establishes the Department of Housing and Community Development (HCD) in the Business, Consumer Services, and Housing Agency for purposes of carrying out state housing policies and programs, and creates in HCD the California Housing Finance Agency.This bill would remove the California Housing Finance Agency from within HCD. This bill would continue the existence of the California Housing Finance Agency in the Business, Consumer Services, and Housing Agency.This bill would also make technical, conforming changes and would delete obsolete references.(2) Existing federal law authorizes the United States Secretary of Agriculture to extend financial assistance through multifamily housing direct loan and grant programs to serve very low, low-, and moderate-income households, including, among other programs, Section 515 Rural Rental Housing Loans, which are mortgages to provide affordable rental housing for very low, low-, and moderate-income families, elderly persons, and persons with disabilities.Existing law establishes a low-income housing tax credit program pursuant to which the California Tax Credit Allocation Committee provides procedures and requirements for the allocation, in modified conformity with federal law, of state insurance, personal income, and corporation tax credit amounts to qualified low-income housing projects that have been allocated, or qualify for, a federal low-income housing tax credit and farmworker housing. Existing law requires not less than 20% of the low-income housing tax credits available annually to be set aside for allocation to rural areas. Existing law defines “rural area” for purposes of the low-income housing tax credit program as an area, which, on January 1 of any calendar year, satisfies any number of certain criteria, including being eligible for financing under the Section 515 program, or successor program, of the United States Department of Agriculture Rural Development. This bill would expand the above-described criteria relating to Section 515 eligibility to instead include eligibility for financing under a multifamily housing program, as specified, or successor program, of the United States Department of Agriculture Rural Development. Existing law also includes in the definition of “rural area” an unincorporated area that adjoins a city having a population of 40,000 or less, provided that the city and its adjoining unincorporated area are not located within a census tract designated as an urbanized area by the United States Census Bureau.This bill would revise the definition of “rural area” to include an unincorporated area that adjoins a city having a population of 40,000 or less, provided that the unincorporated area is not located within a census tract, block group, or block designated as an urban area by the United States Census Bureau in the most recent decennial census. The bill would also include in the definition of “rural area” an unincorporated area that does not adjoin a city, provided that the unincorporated area is not located within a census tract, block group, or block designated as an urban area by the United States Census Bureau in the most recent decennial census.(3) Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The law requires HCD to determine whether the housing element is in substantial compliance with specified provisions of that law. Existing law requires HCD to designate jurisdictions as prohousing pursuant to emergency regulations adopted by HCD, as prescribed. Existing law awards jurisdictions that are in substantial compliance with specified provisions and that are prohousing additional points or preference in the scoring of applications for specified state programs, including, among others, the Affordable Housing and Sustainabl
CA SB 133 - Senate Budget and Fiscal Review Committee
Courts.
06/30/2023 - Chaptered by Secretary of State. Chapter 34, Statutes of 2023.
SB 133, Committee on Budget and Fiscal Review. Courts. (1) The California Constitution vests the judicial power of the state in the Supreme Court, courts of appeal, and superior courts, and establishes the Judicial Council to, among other things, adopt rules of court and perform functions prescribed by statute. Existing law, the Nonprofit Public Benefit Corporation Law, authorizes and regulates the formation and operation of, among others, nonprofit public benefit corporations.This bill would establish the California Access to Justice Commission, a nonprofit public benefit corporation, and would authorize the commission to receive funding appropriated by the Legislature. The bill would specify the membership of the commission and terms of the members. The bill would specify the purposes for which the commission may receive and use funding including, among others, providing ongoing leadership in efforts to achieve full and equal access to justice for all Californians. The bill would make the commission subject to the Nonprofit Public Benefit Corporation Law and would set the public meeting requirements for the commission.(2) Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law requires an attorney or law firm receiving or disbursing trust funds to establish and maintain an Interest On Lawyers’ Trust Accounts (IOLTA) account in which the attorney or law firm is required to deposit or invest specified client deposits or funds. Existing law requires interest and dividends earned on IOLTA accounts to be paid to the State Bar of California and used for programs providing civil legal services without charge to indigent persons. Existing law requires the State Bar of California to distribute IOLTA funds and specified other funds to qualified legal service projects and qualified support centers, as defined, for the provision of civil legal services without charge to indigent persons in accordance with a specified statutory scheme. Existing law authorizes qualified legal services projects and qualified support centers to use the funds to provide work opportunities with pay and scholarships for disadvantaged law students to help defray their law school expenses, among other purposes.This bill would authorize qualified legal service projects and qualified support centers to also use the funds to provide loan repayment assistance for the purposes of recruiting and retaining attorneys in accordance with a loan repayment assistance program administered by the California Access to Justice Commission. The bill would appropriate $250,000 from the General Fund to the Judicial Council to provide funding to the California Access to Justice Commission to administer a tax advantaged student loan repayment assistance program for service providers employed by qualified legal service projects and support centers, as specified.(3) Existing law establishes the Appellate Court Trust Fund, the proceeds of which shall be used for the purpose of funding the courts of appeal and the Supreme Court. Existing law requires the funds, upon appropriation by the Legislature, to be apportioned by the Judicial Council to the courts of appeal and the Supreme Court taking into consideration all other funds available and the needs of each court in a manner that promotes equal access to the courts, ensures the ability of the courts to carry out their functions, and promotes implementation of statewide policies.This bill would authorize the funds to be apportioned by the Judicial Council to the Supreme Court, courts of appeal, and the Judicial Council, taking into consideration all other funds available to each and the needs of each.(4) Existing law generally requires the superior court, as an employer, to provide employees with the use of a lactation room or other location for employees to express milk in private, including, among other things, a clean and safe place to s
CA SB 134 - Senate Budget and Fiscal Review Committee
Public safety trailer bill.
06/26/2023 - Ordered to third reading.
SB 134, as amended, Committee on Budget and Fiscal Review. Public safety trailer bill. (1) Existing law, the California Public Records Act, authorizes the inspection and copying of any public record except where specifically prohibited by law. Existing law, with specified exemptions, makes confidential and exempts from disclosure the personnel records of peace officers and custodial records and certain other records maintained by their employing agencies. Existing law provides that this exemption from disclosure does not apply to investigations of these officers or their employing agencies and related proceedings conducted by a grand jury, a district attorney’s office, or the Attorney General’s office.Existing law establishes the Commission on Peace Officer Standards and Training (POST) to, among other functions, certify the eligibility of those persons appointed as peace officers throughout the state. Existing law establishes the Peace Officer Standards Accountability Division within POST to review investigations conducted by law enforcement agencies and to conduct additional investigations into serious misconduct that may provide grounds for suspension or revocation of a peace officer’s certification.This bill would exempt from the aforementioned confidentiality provisions, investigations of peace officers and custodial officers or their employing agencies and related proceedings conducted by POST. This bill would provide that, until January 1, 2027, specified records in the possession of POST related to these functions are not public records subject to disclosure, although those same records may be subject to disclosure by the agency that employs or previously employed the peace officer.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.(2) Existing law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief. Commencing on July 1, 2023, existing law makes arrest record relief available to a person who has been arrested for a felony, including a felony punishable in the state prison, as specified. Commencing on July 1, 2023, existing law makes conviction record relief available for a defendant convicted, on or after January 1, 2005, of a felony for which they did not complete probation without revocation if the defendant appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of 4 years has elapsed during which the defendant was not convicted of a new felony offense, except as specified.This bill would delay the implementation of these provisions until July 1, 2024. (3) Existing law authorizes the court, in its discretion and in the interest of justice in specified cases, to permit the defendant to withdraw their plea of guilty or nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, to set aside the verdict of guilty, and to dismiss the accusations or information against the defendant and release the defendant from all penalties and disabilities resulting from the offense for which they have been convicted. Existing law authorizes a person who was under 18 years of age at the time of commission of a misdemeanor to, in specified circumstances, petition the court for an order sealing the record of conviction and other official records in the case. Existing law authorizes the court to require the defendant or petitioner in these circumstances to reimburse the court, city, and county for actual costs of services rende
CA SB 135 - Senate Budget and Fiscal Review Committee
Public safety.
09/13/2023 - Chaptered by Secretary of State. Chapter 190, Statutes of 2023.
SB 135, Committee on Budget and Fiscal Review. Public safety. (1) Existing law, operative as of January 1, 2024, will, in a case in which the party bearing the burden of proof proffers expert testimony regarding medical causation and the party’s expert is required as a condition of testifying to opine that causation exists to a reasonable medical probability, allow the party not bearing the burden of proof to offer the testimony of a contrary expert only if the expert can testify that a proffered alternative cause exists to a reasonable medical probability or that a matter cannot meet a reasonable degree of probability in the applicable field, as specified.This bill would, operative as of January 1, 2024, specify that the above provision applies only to general civil actions, as defined in the California Rules of Court.(2) Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to contract for the establishment and operation of separate community correctional reentry centers, as specified. Existing law authorizes the secretary to entertain proposals for the establishment and operation of community correctional reentry centers from public and private entities and requires that preference be given to community correctional reentry centers located near large population centers.This bill would authorize the department to enter into long-term contracts, not to exceed 10 years, for the transfer of prisoners to, or placement of prisoners in, facilities under contract pursuant to these provisions. The bill would require that the secretary advertise potential contracts under these provisions and would require that priority be given to certain community correctional reentry centers, as specified. The bill would prohibit the department, for contracts entered into on or after October 14, 2023, from contracting for the establishment of community correctional reentry centers located in current or former state prison facilities or on current or former state prison property.(3) Existing law requires the Department of Justice to provide subsequent state or federal arrest or disposition notification to the State Department of Social Services, the Medical Board of California, the Osteopathic Medical Board of California, and other authorized entities to assist in, among other things, fulfilling employment, licensing, or certification duties. Existing law requires an entity, other than a law enforcement agency, as defined, to enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.This bill would authorize the department to submit fingerprints to the Federal Bureau of Investigation, where they will be retained for the purpose of being searched against future submissions to the FBI, as specified. The bill would authorize the department to search latent fingerprint images against all retained fingerprint submissions. The bill would also authorize the department to collect fees for federal subsequent notification services and remit the fees to the FBI.Existing law authorizes a human resource agency or an employer to request from the Department of Justice records of all convictions or any arrest pending adjudication involving specified offenses of a person who applies for a license, employment, or volunteer position in which they would have supervisory or disciplinary power over a minor or any person under their care. Existing law requires a request for records to include the applicant’s fingerprints and any other data specified by the department. Existing law requires the department to furnish the information to the requesting employer and to send a copy of the information to the applicant.This bill would establish procedures for the department, human resource agency, and employer to follow when a request is made to the department for the conviction and arrest records described abo
CA SB 137 - Senate Budget and Fiscal Review Committee
Health omnibus trailer bill.
09/13/2023 - Chaptered by Secretary of State. Chapter 191, Statutes of 2023.
SB 137, Committee on Budget and Fiscal Review. Health omnibus trailer bill. (1) The California Hospice Licensure Act of 1990 requires a person, political subdivision of the state, or other governmental agency to obtain a license from the State Department of Public Health to provide hospice services to an individual who is experiencing the last phase of life due to a terminal disease, as defined, and their family, except as provided. Existing law requires the department, by January 1, 2024, to adopt emergency regulations to implement the recommendations in a specified report of the California State Auditor. Existing law requires the department to maintain the general moratorium on new hospice agency licenses until the department adopts the regulations, but in no event later than March 29, 2024. Existing law requires the moratorium to end on the earlier of 2 years from the date that the California State Auditor publishes a report on hospice agency licensure, or the date the emergency regulations are adopted.This bill would instead require the moratorium to end on the date the emergency regulations are adopted and would extend the deadline by which the department is required to adopt those regulations to January 1, 2025.(2) Under existing law, the State Department of Health Care Services is responsible for licensing and certifying alcoholism and drug abuse recovery and treatment programs and facilities, including both residential and nonresidential programs. Existing law requires the department to charge a fee for the licensure or certification of these facilities and to evaluate licensing and certification fees annually, taking into consideration the overall cost of specified residential and outpatient licensing and certification activities of the department, plus a reasonable reserve. Existing law requires the department to submit proposed new fees or fee changes to the Legislature for approval, as specified, and prohibits new fees or fee changes without legislative approval. Existing law establishes the Residential and Outpatient Program Licensing Fund, consisting of fees, fines, and penalties collected from residential and outpatient programs.This bill would require any excess fees remaining in the Residential and Outpatient Program Licensing Fund at the end of each fiscal year to be carried forward and taken into consideration in setting the amount of fees imposed in the immediately subsequent fiscal year. The bill would authorize the department, no sooner than July 1, 2027, to approve a fee increase, up to and including 5 percent on an annual basis, as needed to address the costs of the licensing and certification activities described above. The bill would require the department to submit any proposed new fees or fee increases in excess of 5 percent to the Legislature for approval and would prohibit new fees or fee changes in excess of 5 percent to be implemented without legislative approval. The bill would require the department to develop a process for programs and facilities to apply for a hardship fee waiver and issue a provider bulletin detailing the application process for the hardship fee waiver that includes eligibility requirements for demonstrated need by July 1, 2024.Existing law requires the department to implement the licensing and certification provisions for alcoholism and drug abuse recovery and treatment programs and facilities through the Administrative Procedure Act. Existing law authorizes the department to implement new fees or fee changes by means of provider bulletins or similar action and to supersede the existing licensing and certification fees until the department amends the regulations. Existing law requires the department to notify and consult with interested parties and appropriate stakeholders regarding new fees or fee changes.This bill would remove the requirement that the department implement the licensing and certification provisions described above through the Administrative Procedures Act
CA SB 138 - Senate Budget and Fiscal Review Committee
Human services.
09/13/2023 - Chaptered by Secretary of State. Chapter 192, Statutes of 2023.
SB 138, Committee on Budget and Fiscal Review. Human services. (1) Existing law establishes the State Department of Developmental Services and vests in the department jurisdiction over various state hospitals, referred to as developmental centers, to provide care to persons with developmental disabilities. Existing law requires the department to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires a regional center to notify the appropriate regional resource development project when the regional center determines or is informed, as specified, that the community placement of a consumer is at risk of failing and that admittance to an acute crisis home operated by the department is a likelihood or the regional center is notified by a court of a potential admission to an acute crisis home operated by the department.Existing law requires the department to notify the court, in writing, if the regional resource development project determines that a consumer cannot be safely served in an acute crisis home operated by the department, as specified.This bill would require the department, when the regional resource development project determines that a consumer cannot be safely served in an acute crisis home operated by the department, to continue to work jointly with the regional center to identify or develop alternative services and supports and implement the alternative services and supports that are identified or developed.Existing law prohibits the regional resource development project, in consultation with specific parties, from making a determination that admittance to an acute crisis home operated by the department is necessary unless the determination includes a regional center report that details all considered community-based services and supports, including a crisis home and an explanation why the options could not meet the consumer’s needs.The bill would also require the determination that admittance to an acute crisis home is necessary to include consideration of a supported living arrangement, among other options. This bill would prohibit an acute crisis home operated by the department from utilizing specific interventions, including, among other things, prone restraints and seclusion, as defined.(2) Existing law requires the State Department of Developmental Services, no later than April 1, as specified, to submit a detailed plan to the Legislature whenever the department proposes the closure of a state developmental center. Existing law requires the department, in conjunction with the Governor’s proposed 2023–24 budget, to submit to the Legislature an updated version of a specified safety net plan regarding how the department will provide access to crisis services after the closure of a developmental center and how the state will maintain its role in providing residential services to those whom private sector vendors cannot or will not serve. Existing law requires the plan update, among other provisions, to evaluate the progress made to create a safety net, including services or residences intended to facilitate transitions or diversions from institutions for mental disease, the Canyon Springs Community Facility, the secure treatment program at Porterville Developmental Center, prisons or jails, or other restrictive settings.This bill would authorize the establishment of a residential program in the community for adolescents and adults with complex needs, as defined, as part of the safety net plan to provide access to crisis services, as described above. The bill would authorize the development of up to 3 complex needs homes, as defined, with a maximum capacity of 5 beds per home and would prohibit any stay in a complex needs home from exceeding 18 months, except as specified. The bill establishes certain procedures to be followed prior to, and following, a consumer’s admission to a complex needs home due to an acute crisis
CA SB 14 - Miguel Santiago
Serious felonies: human trafficking.
09/13/2023 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
SB 14, as amended, Grove. Serious felonies: human trafficking. Existing law defines the term “serious felony” for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the Three Strikes Law.This bill would include human trafficking of a minor within the definition of a serious felony for all purposes, including for purposes of the Three Strikes Law, except as specified. By expanding the scope of an enhancement, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA SB 140 - Senate Budget and Fiscal Review Committee
Early childcare and education.
09/13/2023 - Chaptered by Secretary of State. Chapter 193, Statutes of 2023.
SB 140, Committee on Budget and Fiscal Review. Early childcare and education. Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age. Existing law, the Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs, including, but not limited to, part-day and full-day developmentally and age-appropriate programs for 3- and 4-year-old children. Existing law requires the State Department of Social Services to coordinate with the State Department of Education and others to develop the state plan for purposes of the federal Child Care and Development Fund (CCDF).Existing law requires the State Department of Social Services, in collaboration with the State Department of Education, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates. Existing law requires the state and Child Care Providers United - California to establish a Joint Labor Management Committee to develop recommendations for a single reimbursement rate structure that addresses quality standards for equity and accessibility while supporting positive learning and developmental outcomes for children, as specified. Existing law also requires the department, in collaboration with the State Department of Education, to develop and conduct an alternative methodology, as specified, in order to set reimbursement rates for state-subsidized childcare and development services.This bill would, among other things, require the State Department of Social Services to, no later than May 15, 2024, report the status of the draft CCDF state plan to specified budget subcommittees and the Legislative Analyst’s Office on the state’s proposed single rate structure, and to, no later than July 1, 2024, submit the necessary information to support use of a single rate structure utilizing the alternative methodology to the United States Department of Health and Human Services, Administration for Children and Families in the state plan or an amendment to the state plan. The bill would also require the department to provide the same budget subcommittees and the Legislative Analyst’s Office with an outline of implementation components for the approved single rate structure within 60 days of federal approval of the single rate structure utilizing the alternative methodology in the state plan, and would require that single rate structure to apply to specified subsidized childcare and development programs under the department and state preschool programs under the State Department of Education.This bill would require, on or before March 1, 2024, a contractor operating a California state preschool program through a family childcare home education network and each county and contractor that reimburses childcare providers for the provision of state-funded subsidized childcare and development services to develop, implement, and publish a plan for timely payment to providers, as specified. This bill would allocate previously appropriated funds in the Budget Act of 2023 to the State Department of Social Services and State Department of Education to provide specified family childcare providers and childcare centers with a monthly cost of care plus rate commencing January 1, 2024, and through June 30, 2025, inclusive, and a one-time payment, as specified.Existing law previously appropriated funds for the establishment of the Joint Child Care Providers United - State of California Training Partnership Fund and to establish a health care benefits trust administered by Child Care Providers United - California, as specified.This bill would allocate additional funds for those purposes, as specified. The bill would also appropriate $100,0000 from the General Fund to the State Department of Social Services for a one-time contribut
CA SB 141 - Senate Budget and Fiscal Review Committee
Education finance: education omnibus budget trailer bill.
09/12/2023 - Enrolled and presented to the Governor at 11:30 a.m.
SB 141, as amended, Committee on Budget and Fiscal Review. Education finance: education omnibus budget trailer bill. (1) The Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs, including, but not limited to, part-day and full-day age and developmentally appropriate programs for 3- and 4-year-old children. The act requires, from July 1, 2022, to June 30, 2023, inclusive, at least 5% of funded enrollment to be reserved for children with exceptional needs, requires at least 7.5% of funded enrollment to be reserved for children with exceptional needs commencing July 1, 2025, to June 30, 2026, inclusive, and requires at least 10% of funded enrollment to be reserved for children with exceptional needs commencing July 1, 2026. On and after July 1, 2026, existing law provides that any agency that does not meet those requirements may be put on a conditional contract, as provided.This bill would reestablish the 5% requirement until June 30, 2025, and make any agency that does not meet that requirement eligible to be placed on a conditional contract as of July 1, 2026. For any agency that does not meet the 7.5% or 10% requirements, the bill would delay their eligibility to be placed on a conditional contract to July 1, 2027, and July 1, 2028, respectively.The act requires each state preschool program applicant or contracting agency to give priority for enrollment for part-day and full-day programs according to a specified priority ranking. Existing law requires the 3rd priority for services to be given to eligible 3- and 4-year old children who are not enrolled in a state-funded transitional kindergarten program. Within this priority, the act provides that if 2 or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child from a family in which the primary home language is a language other than English shall be enrolled first.This bill would revise the latter priority criteria to be based on whether those children are identified as dual language learners instead of whether they are from a family in which the primary home language is a language other than English.(2) Existing law establishes the California Prekindergarten Planning and Implementation Grant Program as a state early learning initiative with the goal of expanding access to classroom-based prekindergarten programs. Existing law appropriates $300,000,000 from the General Fund to the State Department of Education in both the 2021–22 fiscal year and the 2022–23 fiscal year for allocation to local educational agencies as base grants, enrollment grants, and supplemental grants, as specified. Existing law authorizes the department to allocate or prorate unexpended funds returned by or collected from a grant recipient for grants to local educational agencies for costs associated with the educational expenses of current and future California state preschool program, transitional kindergarten, and kindergarten professionals that support their attainment of required credentials, permits, or professional development in early childhood instruction or child development, including developing competencies in serving inclusive classrooms and dual language learners, as provided.This bill would extend the encumbrance period for those funds, as specified, thereby making an appropriation. The bill would require any remaining unexpended funds to revert to the General Fund on June 30, 2028.(3) Existing law creates the Learning Recovery Emergency Fund in the State Treasury for the purpose of receiving appropriations for school districts, county offices of education, charter schools, and community college districts related to the state of emergency declared by the Governor on March 4, 2020, relating to the COVID-19 pandemic. Former law initially appropriated $7,936,000,000 from the General Fund to the department for transfer to the Learning R
CA SB 142 - Senate Budget and Fiscal Review Committee
Higher education trailer bill.
09/13/2023 - Chaptered by Secretary of State. Chapter 195, Statutes of 2023.
SB 142, Committee on Budget and Fiscal Review. Higher education trailer bill. (1) Existing law establishes the Higher Education Student Housing Grant Program to provide one-time grants for the construction of student housing, or for the acquisition and renovation of commercial properties into student housing for the purpose of providing affordable, low-cost housing options for students enrolled in public postsecondary education in the state. In addition to funding provided for purposes of the program, existing law requires the University of California and the California Community Colleges to fund construction grants using revenue bonds issued by the University of California or community college districts for specified intersegmental projects. Existing law requires General Fund support for certain grants provided to the California Community Colleges to revert to the General Fund and instead be funded with local revenue bonds issued by community college districts, as specified.This bill would make various changes to these provisions. Among these changes, the bill would (A) authorize instead of request the University of California to fund capital outlay planning and construction grants, (B) increase the amounts specified for 2 existing intersegmental projects, (C) authorize instead of require the California Community Colleges to fund construction grants using local financing issued by community college districts, and (D) delete 2 intersegmental projects between the California Community Colleges and the University of California. The bill would require a community college that has already received an allocation of resources to revert those General Fund resources by June 29, 2024, or upon the enactment of the Budget Act of 2024, whichever is later.This bill would state the intent of the Legislature that no later than the Budget Act of 2024, a statewide lease revenue bond or other statewide financing or fiscal approach be developed and included to support the community college affordable student housing projects that have been approved pursuant to the Higher Education Student Housing Grant Program.(2) Existing law establishes the Golden State Teacher Grant Program under the administration of the Student Aid Commission to award grants to students enrolled in professional preparation programs leading to a preliminary teaching credential or a pupil personnel services credential who commit to work for 4 years at a priority school or a California preschool program, as provided. Existing law authorizes the Commission on Teacher Credentialing to determine that a private postsecondary educational institution that offers a professional preparation program approved by the Commission on Teacher Credentialing qualifies for the program if the institution meets certain criteria, including that the institution is accredited by the Senior Colleges and Universities Commission of the Western Association of Schools and Colleges. Existing law requires the Student Aid Commission to provide one-time grant funds of up to $10,000 to each enrolled student in a private postsecondary educational institution qualified for the program under these provisions, as specified.This bill would specify that the student be a California resident and that, of the funds appropriated in support of the Golden State Teacher Grant Program, no more than 8% of the total funding may be allocated for purposes of the one-time grants described above. The bill would require that the private postsecondary educational institution be accredited by either the Senior Colleges and Universities Commission of the Western Association of Schools and Colleges or regionally accredited by an agency recognized by the United States Department of Education. If the institution has no physical presence in California, the bill would require the institution to contract with the Bureau of Private Postsecondary Education to respond to California resident student complaints, as provided.(3) Existing law est
CA SB 152 - Senate Budget and Fiscal Review Committee
Background checks and fingerprinting: state employment, licensing, and contracting.
09/13/2023 - Chaptered by Secretary of State. Chapter 198, Statutes of 2023.
SB 152, Committee on Budget and Fiscal Review. Background checks and fingerprinting: state employment, licensing, and contracting. (1) Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, as specified. Existing law authorizes the Department of Justice to transmit fingerprint images and related information to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check pursuant to a referencing statute. Existing law requires the department to review the information returned from the Federal Bureau of Investigation, and to compile and disseminate a response or a fitness determination to the agency or entity identified in the referencing statute.This bill would require the Office of Youth and Community Restoration, the State Department of State Hospitals, the Department of Financial Protection and Innovation, the California Horse Racing Board, the Department of Toxic Substances Control, the Department of Real Estate, the Department of Housing and Community Development, the Department of General Services, the California Conservation Corps, the Treasurer’s office, and the Controller’s office to submit to the Department of Justice fingerprint images and related information required by the Department of Justice for specified individuals, including employees, prospective employees, and contractors, as applicable.This bill would also require the State Department of Public Health to require an applicant for a human prescription drug manufacturing license to submit fingerprint images, and related information as required, to the Department of Justice.The bill would require the Department of Justice to provide a state- or federal-level response, as specified.This bill would require the Department of Real Estate and the Department of Housing and Community Development to require certain services contracts, interagency agreements, or public entity agreements to include a provision requiring the contractor to agree to perform criminal background checks on its employees and subcontractors who will have access to specified information.(2) Existing law establishes the Department of Financial Protection and Innovation in the Business, Consumer Services, and Housing Agency, headed by the Commissioner of Financial Protection and Innovation. Under existing law, the department has charge of the execution of specified laws relating to various financial institutions and financial services, including banks, trust companies, credit unions, finance lenders, and residential mortgage lenders. Existing law authorizes the commissioner to deliver, or cause to be delivered, to local, state, or federal law enforcement agencies fingerprints taken of specified individuals, including, among others, an applicant for employment with the department.This bill would require the department to require fingerprint images from any department employee, prospective employee or applicant seeking employment within the department, contractor, subcontractor, volunteer, or vendor who may have access to criminal offender record information. The bill would require the Department of Justice to forward a request for national-level criminal offender record information to the Federal Bureau of Investigation and compile and disseminate the information returned, as specified.(3) Existing law requires the Department of FISCal to require fingerprint images and associated information from any employee, prospective employee, contractor, subcontractor, volunteer, vendor, or partner agency employee whose duties include, or would include, having access to confidential or sensitive information or data on the network or computing infrastructure, as provided.This bill would instead require the Department of FISCal to require fingerprint images and associated related inf
CA SB 16 - Lola Smallwood-Cuevas
Civil rights: discrimination: enforcement.
09/01/2023 - September 1 hearing postponed by committee.
SB 16, as amended, Smallwood-Cuevas. Civil rights: discrimination: enforcement. The Unruh Civil Rights Act generally prohibits business establishments from discriminating on specified bases. The California Fair Employment and Housing Act (act) prohibits discrimination in housing and employment on specified bases and provides procedures for enforcement by the Civil Rights Department. Existing law specifies that while it is the intent of the Legislature that the act occupy the field of regulation of discrimination in employment and housing, nothing in the act shall be construed to limit or restrict the application of the Unruh Civil Rights Act.This bill would, commencing on January 1, 2025, also specify that nothing in the act shall be construed to limit or restrict efforts by local entities to enforce state law prohibiting discrimination against classes of persons covered by the act in employment and housing, provided that the enforcement complies with regulations governing local enforcement of the act that the bill would require the Civil Rights Department to promulgate by____. The bill would require those regulations, at a minimum, to ensure consistent application of employment and housing discrimination laws across the state, protect complainants against inadvertent loss of federal or state legal claims, avoid duplication of investigatory work, and minimize any possible loss of federal funding for the Civil Rights Department’s work.
CA SB 19 - Jasmeet Bains
Fentanyl Misuse and Overdose Prevention Task Force.
10/13/2023 - Chaptered by Secretary of State. Chapter 857, Statutes of 2023.
SB 19, Seyarto. Fentanyl Misuse and Overdose Prevention Task Force. Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. The act classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale or purchasing for purposes of sale, specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also requires a local health officer to assume that the fentanyl manufacturing process has led to some degree of chemical contamination and take action, as prescribed, if a fentanyl laboratory activity has taken place at a property.This bill would, upon appropriation by the Legislature, establish the Fentanyl Misuse and Overdose Prevention Task Force to undertake various duties relating to fentanyl misuse including, among others, collecting and organizing data on the nature and extent of fentanyl misuse in California and evaluating approaches to increase public awareness of fentanyl misuse. The bill would require the task force to be co-chaired by the Attorney General and the State Public Health Officer or their designees, and would specify the membership of the task force. The bill would require the first meeting of the task force to take place no later than June 1, 2024, and would require the task force to meet at least once every 2 months. The bill would require the task force to submit an interim report on its findings and recommendations to the Attorney General, the Governor, and the Legislature by July 1, 2025, and submit a final report by December 1, 2025. The bill would repeal these provisions on January 1, 2026.
CA SB 2 - Buffy Wicks
Firearms.
09/12/2023 - Assembly amendments concurred in. (Ayes 28. Noes 8.) Ordered to engrossing and enrolling.
SB 2, as amended, Portantino. Firearms. Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law authorizes a licensing authority, as specified, if good cause exists for the issuance, and subject to certain other criteria including, among other things, the applicant is of good moral character and has completed a specified course of training, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified. Under existing law, the required course of training for an applicant is no more than 16 hours and covers firearm safety and laws regarding the permissible use of a firearm.This bill would require the licensing authority to issue or renew a license if the applicant is not a disqualified person for the license and the applicant is at least 21 years of age. The bill would remove the good character and good cause requirements from the issuance criteria. Under the bill, the applicant would be a disqualified person if they, among other things, are reasonably likely to be a danger to self, others, or the community at large, as specified. This bill would add the requirement that the applicant be the recorded owner, with the Department of Justice, of the pistol, revolver, or other firearm capable of being concealed upon the person. This bill would change the training requirement to be no less than 16 hours in length and would add additional subjects to the course including, among other things, the safe storage and legal transportation of firearms. The bill would require an issuing authority, prior to that issuance, renewal, or amendment to a license, if it has direct access to the designated department system to determine if the applicant is the recorded owner of the pistol, revolver, or other firearm. The bill would require an issuing authority without access to that system to confirm the ownership with the sheriff of the county in which the agency is located. By requiring local agencies to issue licenses for concealed firearms, this bill would create a state-mandated local program.The bill would require a licensing authority to provide the applicant notice if a new license or license renewal is denied or revoked. If an application is denied or a license is revoked based on a determination that the applicant is a disqualified person, the bill would permit the applicant to request a hearing to challenge the license denial or revocation, and require the licensing authority to inform the applicant of the ability to seek a hearing. If a new license or license renewal is denied or revoked for any other reason, the bill would authorize the applicant to seek a writ of mandate from a superior court within 30 days of receipt of notice of denial or revocation, and require the licensing authority to inform the applicant of the ability to seek a writ of mandate. By imposing new duties on local licensing authorities, this bill would create a state-mandated local program.Existing law requires an agency issuing a license described above to set forth specified information on the license, including, among other things, the licensee’s name, occupation, and reason for desiring a license to carry the weapon.This bill would revise that information to include, among other things, the licensee’s driver’s license or identification number, fingerprints, and information relating to the date of expiration of the license, and would remove the requirement that the license detail the reason for desiring a license to carry the weapon.Existing law requires an applicant for a license described above to provide fingerprints, as specified. Existing law exempts an applicant from this requirement if they have previously applied to the same licensing authority and the applicant’s fingerprints have previously been forwarded to the department, as specified, and instead requires that authority to note data that would provide positive identification in the files of the depart
CA SB 227 - Miguel Santiago
Unemployment: Excluded Workers Program.
08/16/2023 - August 16 set for first hearing canceled at the request of author.
SB 227, as amended, Durazo. Unemployment: Excluded Workers Program. (1) Existing law authorizes the payment of unemployment compensation benefits and requires that they be made in accordance with regulations of the Director of Employment Development. Existing law generally requires the Employment Development Department to promptly pay benefits if claimants are eligible or to promptly deny benefits if they are ineligible. Existing law prohibits payment of unemployment compensation benefits for services performed by a person who is not a citizen or national of the United States, unless that person is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, as specified.This bill would establish, until January 1, 2027, the Excluded Workers Program, to be administered by the Employment Development Department upon appropriation by the Legislature, for the purpose of providing income assistance to excluded workers who are ineligible for the existing state or federal benefits administered by the department and who are unemployed. The bill would make individuals eligible to receive $300 per week for each week of unemployment, if the Director of Employment Development makes certain findings, as defined and specified. The bill would require the department to promulgate regulations to implement the program, including regulations providing for an application process, as specified.The bill would prohibit the department from requesting or compelling certain information from individuals in connection with administering the program and would prohibit the department from retaining specified documents for longer than necessary to administer benefits. The bill would also prohibit, except as specified, disclosures of personal information, as defined. The bill would require the department, on or before April 1, 2025, and until all funds have been exhausted, or January 1, 2027, whichever comes first, to release quarterly reports on the progress of the program. The bill would also require the department, on or before March 1, 2026, to submit a report to the Legislature that includes specified information about the program, including, program participation, benefit amounts paid, weeks of benefits paid per participant, specified demographic information on program participants, outreach efforts, and administrative costs.(2) The Personal Income Tax Law, in modified conformity with federal law, generally defines “gross income” as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income for purposes of computing tax liability. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements.This bill, for the taxable year beginning on or after January 1, 2025, and before January 1, 2027, would provide an exclusion from gross income for benefits received under the program. The bill would require the Employment Development Department to submit, on or before June 15, 2026, a report to the Legislature on the total number of benefits paid and the average amount allowed, and would provide findings and declarations relating to the goals, purposes, and objectives of this exclusion.(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
CA SB 232 - Roger Niello
Mental health services: gravely disabled.
02/01/2023 - Referred to Coms. on HEALTH and JUD.
SB 232, as introduced, Niello.
Mental health services: gravely disabled.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. The act also provides for a conservator of the person or estate to be appointed for a person who is gravely disabled. Other existing law exempts specified licensed general acute care hospitals, licensed acute psychiatric hospitals, licensed professional staff of those hospitals, or a physician and surgeon, providing emergency medical services in any department of those hospitals, from civil or criminal liability for detaining a person if certain conditions exist, including that the person cannot be safely released from the hospital because the person, as a result of a mental health disorder, presents a danger to themselves or others or is gravely disabled.Existing law,
for the purposes of these provisions, defines “gravely disabled,” among other things, as a condition in which a person, as a result of a mental health disorder, is unable to provide for the basic personal needs of food, clothing, or shelter.This bill would change the definition of “gravely disabled” for these purposes to read, in part, a condition in which a person, as a result of a mental health disorder, is incapable of making informed decisions about, or providing for, their own basic personal needs for food, clothing, shelter, or medical care without significant supervision and assistance from another person and, as a result of being incapable of making these informed decisions, the person is at risk of substantial bodily harm, dangerous worsening of a concomitant serious physical illness, significant psychiatric deterioration, or mismanagement of essential needs that could result in bodily harm. The bill would also define “gravely disabled” for purposes of the
act to mean a condition in which a person has an incapacity to provide informed consent to treatment due to anosognosia. By increasing the level of service required of county mental health departments, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA SB 238 - Scott D. Wiener
Health care coverage: independent medical review.
09/01/2023 - September 1 hearing: Held in committee and under submission.
SB 238, as amended, Wiener. Health care coverage: independent medical review. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of disability insurers by the Department of Insurance. Existing law establishes the Independent Medical Review System within each department, under which an enrollee or insured may seek review if a health care service has been denied, modified, or delayed by a health care service plan or disability insurer and the enrollee or insured has previously filed a grievance that remains unresolved after 30 days.This bill, commencing July 1, 2024, would require a health care service plan or a disability insurer that modifies, delays, or denies a health care service, based in whole or in part on medical necessity, to automatically submit within 24 hours a decision regarding a disputed health care service to the Independent Medical Review System, as well as the information that informed its decision, without requiring an enrollee or insured to submit a grievance, if the decision is to deny, modify, or delay specified services relating to mental health or substance use disorder conditions for an enrollee or insured up to 26 years of age. The bill would require a health care service plan or disability insurer, within 24 hours after submitting its decision to the Independent Medical Review System to provide notice to the appropriate department, the enrollee or insured or their representative, if any, and the enrollee’s or insured’s provider. The bill would require the notice to include notification to the enrollee or insured that they or their representative may cancel the independent medical review at any time before a determination, as specified.The bill would apply specified existing provisions relating to mental health and substance use disorders for purposes of its provisions, and would be subject to relevant provisions relating to the Independent Medical Review System that do not otherwise conflict with the express requirements of the bill. With respect to health care service plans, the bill would specify that its provisions do not apply to Medi-Cal managed care plan contracts. The bill would authorize the Insurance Commissioner to promulgate regulations subject to the Administrative Procedure Act to implement and enforce the bill, and to issue interim guidance, as specified. Because a willful violation of this provision by a health care service plan would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA SB 260 - Caroline Menjivar
CalWORKs: aid payments.
09/01/2023 - September 1 hearing: Held in committee and under submission.
SB 260, as amended, Menjivar. CalWORKs: aid payments. Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits, including allowances for other purposes such as pregnancy, homeless assistance, and recurring special needs, to qualified low-income families.This bill would, beginning April 1, 2025, make a menstruating person who is qualified for aid under the CalWORKs program and between 10 and 55 years of age, inclusive, entitled to $20 per month to assist with menstrual product costs. The bill would require the State Department of Social Services to work with the County Welfare Directors Association of California and the California Statewide Automated Welfare System (CalSAWS) to develop and implement the necessary system changes on or before April 1, 2025. By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program.Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA SB 268 - Sabrina Cervantes
Crimes: serious and violent felonies.
06/27/2023 - June 27 set for first hearing canceled at the request of author.
SB 268, as amended, Alvarado-Gil. Crimes: serious and violent felonies. Existing law classifies certain criminal offenses as a “violent felony” for the purposes of various provisions of the Penal Code, including sentencing enhancements for prior convictions, as well as numerous other provisions.Existing law includes among the list of violent felonies rape accomplished against a person’s will by means of force, violence, duress, menace, or fear, or rape accomplished against the victim’s will by threat of violent retaliation, but does not include rape of a person unable to give consent due to disability, intoxication, or unconsciousness, rape under false pretenses, or rape accomplished by threat of incarceration, arrest, or deportation.This bill would also include the rape of an intoxicated person wherein the defendant drugged the victim, as specified, in the list of violent felonies. By expanding the scope of an enhancement, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA SB 274 - Nancy Skinner
Suspensions and expulsions: willful defiance: interventions and supports.
09/13/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 274, Skinner. Suspensions and expulsions: willful defiance: interventions and supports. (1) Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act from a list of specified acts, including, among other acts, disrupting school activities or otherwise willfully defying the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. Existing law authorizes a teacher to suspend any pupil from class for any of the listed acts, including willful defiance, for the day of the suspension and the day following.Existing law prohibits the suspension of a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, and recommending the expulsion of a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, for disrupting school activities or otherwise willfully defying the valid authority of those school personnel engaged in the performance of their duties. Existing law, until July 1, 2025, prohibits the suspension of a pupil enrolled in any of grades 6 to 8, inclusive, for those acts. Existing law applies these same provisions to charter schools. This bill would extend the prohibition against the suspension of pupils enrolled in any of grades 6 to 8, inclusive, including those pupils enrolled in a charter school, for disrupting school activities or otherwise willfully defying the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties to all grades, by 4 years to instead be until July 1, 2029, and, commencing July 1, 2024, would prohibit the suspension of pupils enrolled in any of grades 9 to 12, inclusive, including those pupils enrolled in a charter school, for those acts until July 1, 2029, but would retain a teacher’s existing authorization to suspend any pupil in any grade from class for any of the listed acts, including willful defiance, for the day of the suspension and the day following, as provided.(2) Existing law authorizes suspension to be imposed only when other means of correction, including, among other things, a conference between school personnel, the pupil’s parent or guardian, and the pupil, or participation in a restorative justice program, fail to bring about proper conduct, except as provided.This bill would authorize certificated and classified employees, including certificated and noncertificated employees at charter schools, to refer pupils to school administrators for appropriate and timely in-school interventions or supports, from the specified list of other means of correction, for willful defiance, and would require school administrators, including charter school administrators, within 5 business days, to document the actions taken and to place that documentation in the pupil’s record, as specified. The bill would also require the school administrator, by the end of the 5th business day, to inform the referring employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports. By imposing additional duties on public school administrators, the bill would impose a state-mandated local program.(3) Existing law states the intent of the Legislature that alternatives to suspension or expulsion be imposed against a pupil who is truant, tardy, or otherwise absent from school activities.This bill would instead prohibit a suspension or expulsion from being imposed against a pupil based solely on the fact that they are otherwise absent from school activities.(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedu
CA SB 28 - Steven M. Glazer
Education finance: school facilities: Public Preschool, K–12, and College Health and Safety Bond Act of 2024.
08/16/2023 - August 16 set for first hearing. Placed on suspense file.
SB 28, as introduced, Glazer. Education finance: school facilities: Public Preschool, K–12, and College Health and Safety Bond Act of 2024. (1) Existing law authorizes the governing board of any school district or community college district to order an election and submit to the electors of the district the question of whether the bonds of the district shall be issued and sold to raise money for specified purposes. Existing law generally requires, to pass a school bond measure, that either at least 2/3 of the votes cast on the proposition of issuing bonds be in favor of issuing the bonds to pass the measure, or, if certain conditions are met, at least 55% of the votes cast on the proposition of issuing bonds be in favor of issuing the bonds. Existing law prohibits the total amount of bonds issued by a school district or community college district from exceeding 1.25% of the taxable property of the district, as provided.This bill would raise that limit to 2%.(2) Existing law also authorizes a unified school district to issue bonds receiving at least 55% of the votes cast on the proposition of issuing the bonds that, in aggregation with bonds issued with a 2/3 favorable vote, do not exceed 2.5% of the taxable property of the district, as provided.This bill would raise that limit to 4%. The bill would make a similar percentage increase for community college districts.(3) The Leroy F. Greene School Facilities Act of 1998 provides for the adoption of rules, regulations, and procedures, under the administration of the Director of General Services, for the allocation of state funds by the State Allocation Board for the construction and modernization of public school facilities.This bill would, among other things, require a school district to submit to the Department of General Services a 5-year school facilities master plan or updated 5-year school facilities master plan, as provided, as a condition of participating in the school facilities program under the act, would require the school district to submit specified information in the school district’s application for an apportionment of state funds, and would make other changes to requirements a school district is required to comply with before participating in programs under the act. The bill would require the department to process applications to participate in the program, as specified, and would make other changes to the method by which the board makes apportionments of moneys under the act.This bill would establish the 2024 State School Facilities Fund, and authorize the board to apportion, and make disbursements of, moneys in the fund, as provided. The bill would require, for bonds approved by voters in 2024 or thereafter, the board to adjust a school district’s required local and state contribution, as specified. The bill would authorize new construction and modernization grants to be used for seismic mitigation purposes and, among other things, to establish schoolsite-based infrastructure to provide broadband internet access. The bill would also authorize modernization grants to be used, among other things, for the control, management, or abatement of lead and for the demolition and construction of a building on an existing schoolsite that meets specified conditions. The bill would prohibit the use of new construction and modernization grants for the purchase of portable electronic devices with a useful life of less than 3 years.This bill would authorize funding for health and safety projects by a school district, as provided.This bill would authorize the board to provide a grant to test for lead in water outlets used for drinking or preparing food on schoolsites serving kindergarten or any of grades 1 to 12, inclusive, as provided. The bill would specify procedures that small school districts, as defined, may use to obtain project and construction management, new construction grants, and modernization grants.The bill would also make conforming changes in, and remove inopera
CA SB 282 - James D. Wood
Medi-Cal: federally qualified health centers and rural health clinics.
09/01/2023 - September 1 hearing: Held in committee and under submission.
SB 282, as amended, Eggman. Medi-Cal: federally qualified health centers and rural health clinics. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, including federally qualified health center (FQHC) services and rural health clinic (RHC) services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, to the extent that federal financial participation is available, FQHC and RHC services are reimbursed on a per-visit basis, as specified. “Visit” is defined as a face-to-face encounter between a patient of an FQHC or RHC and a physician or other specified health care professionals. Under existing law, “visit” also includes an encounter using video or audio-only synchronous interaction or an asynchronous store and forward modality, as specified.This bill would authorize reimbursement for a maximum of 2 visits that take place on the same day at a single site, whether through a face-to-face or telehealth-based encounter, if after the first visit the patient suffers illness or injury that requires additional diagnosis or treatment, or if the patient has a medical visit and either a mental health visit or a dental visit, as defined. The bill would require the department, by July 1, 2024, to submit a state plan amendment to the federal Centers for Medicare and Medicaid Services reflecting those provisions.The bill would include a licensed acupuncturist within those health care professionals covered under the definition of a “visit.” The bill would also make a change to the provision relating to physicians and would make other technical changes.
CA SB 294 - Scott D. Wiener
Artificial intelligence: regulation.
09/14/2023 - Re-referred to Com. on RLS.
SB 294, as amended, Wiener. Artificial intelligence: regulation. Existing law requires the Secretary of Government Operations to develop a coordinated plan to, among other things, investigate the feasibility of, and obstacles to, developing standards and technologies for state departments to determine digital content provenance. For the purpose of informing that coordinated plan, existing law requires the secretary to evaluate, among other things, the impact of the proliferation of deepfakes, defined to mean audio or visual content that has been generated or manipulated by artificial intelligence that would falsely appear to be authentic or truthful and that features depictions of people appearing to say or do things they did not say or do without their consent, on state government, California-based businesses, and residents of the state.This bill would express the intent of the Legislature to enact legislation related to artificial intelligence that would relate to, among other things, establishing standards and requirements for the safe development, secure deployment, and responsible scaling of frontier AI models in the California market by, among other things, establishing a framework of disclosure requirements for AI models, as specified.
CA SB 299 - Caroline Menjivar
Voter registration: California New Motor Voter Program.
06/13/2023 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
SB 299, as amended, Limón. Voter registration: California New Motor Voter Program. Existing law requires, in conformance with federal law, that the Secretary of State and the Department of Motor Vehicles establish and implement the California New Motor Voter Program for the purpose of increasing opportunities for voter registration for qualified voters. Existing law requires the department to transmit to the Secretary of State specified information related to a person’s eligibility to vote, which the person provides when applying for a driver’s license or identification card or when the person notifies the department of an address change. Existing law requires that if this information transmitted to the Secretary of State constitutes a completed affidavit of registration, the Secretary of State must register or preregister the person to vote, as applicable, unless the person affirmatively declines to register or is ineligible to vote, as specified.This bill would additionally require the Department of Motor Vehicles to transmit specified information to the Secretary of State for a person submitting a driver’s license application who provides documentation demonstrating United States citizenship and that the person is of an eligible age to register or preregister to vote. The bill would deem this information to constitute a completed affidavit of registration for such persons, and require the Secretary of State to register or preregister the person to vote, unless the Secretary of State determines they are ineligible. The bill would require, if a person is registered or preregistered to vote in this manner, that the county elections official send a notice to the person advising that they may decline to register or preregister to vote and providing additional information. The bill would also require the county elections official to send a notice to a person who is already registered to vote, but for whom the Secretary of State changes their registration information after receiving updated name or address information from the department.This bill would prohibit the department from providing a person the opportunity to attest to meeting voter eligibility requirements when they submit a driver’s license application, if the person provides a document to the department during the transaction demonstrating that the person is not a United States Citizen.This bill would expand the definition of “voter registration agency” to include entities designated by the Secretary of State. The bill would require the Secretary of State to establish a schedule whereby specified voter registration agencies must provide the Secretary of State electronic information regarding individuals who are eligible to vote or who provide updated registration information.This bill would make these provisions operative on the earlier of January 1, 2026, or 5 days after the Secretary of State certifies that the information technology infrastructure to substantially implement the bill is functional. The bill would allow the Secretary of State, commencing January 1, 2024, to perform administrative actions necessary to implement these provisions.By imposing new duties on county elections officials with respect to voter registration, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA SB 318 - Richard Dale Roth
“2-1-1” information and referral network.
08/16/2023 - August 16 set for first hearing. Placed on suspense file.
SB 318, as introduced, Ochoa Bogh. “2-1-1” information and referral network. Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Pursuant to authority delegated by the Federal Communications Commission to state regulatory bodies and its existing statutory authority, the Public Utilities Commission has established procedures for implementing 2-1-1 dialing in California. Existing law, until January 1, 2023, authorized the commission, if it determined that doing so was an appropriate use of funds collected from ratepayers, to expend up to $1,500,000 from the California Teleconnect Fund Administrative Committee Fund to help close 2-1-1 service gaps in counties lacking access to disaster preparedness, response, and recovery information and referral services, where technically feasible, through available 2-1-1 service. Existing law establishes various public social services programs, administered by the State Department of Social services.This bill would, upon appropriation, require the department to establish, develop, implement, and administer the 2-1-1 Support Services Grant Program. The bill would require the department to allocate 85% of funds for grants to fund core activities of 2-1-1 agencies, including, among others, contact handling, as specified, and improving the statewide ability to manage resource and user needs data to support data sharing and delivery to health systems, government agencies and other key partners, and shared capacity for analytics and systems. The bill would also require the department to allocate 15% of funds to create a Statewide Innovation Program for the purpose of collective 2-1-1 statewide network coordination with a focus on, among others, building shared strategies and project management of state and regional initiatives and related information and services, and scaling up and assisting with the operations of 2-1-1 services in specified rural counties.This bill would require a grant recipient to adhere to the principles of Alliance of Information and Referral Systems (AIRS) standards and guidelines for information and referral services. The bill would also require a grant recipient to prepare and submit an annual report to the department, which would include the activities or services funded by the grant, the number of individuals served, and specified measures of system performance. This bill would make related findings and declarations.
CA SB 326 - Susan Talamantes Eggman
The Behavioral Health Services Act.
09/21/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 326, Eggman. The Behavioral Health Services Act. (1) Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services. Existing law authorizes the MHSA to be amended by a 2/3 vote of the Legislature if the amendments are consistent with and further the intent of the MHSA. Existing law authorizes the Legislature to add provisions to clarify procedures and terms of the MHSA by majority vote.If approved by the voters at the March 5, 2024, statewide primary election, this bill would recast the MHSA by, among other things, renaming it the Behavioral Health Services Act (BHSA), expanding it to include treatment of substance use disorders, changing the county planning process, and expanding services for which counties and the state can use funds. The bill would revise the distribution of MHSA moneys, including allocating up to $36,000,000 to the department for behavioral health workforce funding. The bill would authorize the department to require a county to implement specific evidence-based practices.This bill would require a county, for behavioral health services eligible for reimbursement pursuant to the federal Social Security Act, to submit the claims for reimbursement to the State Department of Health Care Services (the department) under specific circumstances. The bill would require counties to pursue reimbursement through various channels and would authorize the counties to report issues with managed care plans and insurers to the Department of Managed Health Care or the Department of Insurance.The MHSA establishes the Mental Health Services Oversight and Accountability Commission and requires it to adopt regulations for programs and expenditures for innovative programs and prevention and early intervention programs established by the act. Existing law requires counties to develop plans for innovative programs funded under the MHSA.This bill would rename the commission the Behavioral Health Services Oversight and Accountability Commission and would change the composition and duties of the commission, as specified. The bill would delete the provisions relating to innovative programs and instead would require the counties to establish and administer a program to provide housing interventions. The bill would provide that “low rent housing project,” as defined, does not apply to a project that meets specified criteria.This bill would make extensive technical and conforming changes.(2) Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for persons with mental disorders in every county through locally administered and locally controlled community mental health programs. Existing law further provides that, to the extent resources are available, community mental health services should be organized to provide an array of treatment options in specified areas, including, among others, case management and individual service plans. Under existing law, mental health services are provided through contracts with county mental health programs.The bill would authorize the State Department of Health Care Services to develop and revise documentation standards for individual service plans, as specified. The bill would revise the contracting process, including authorizing the department to temporarily withhold funds or impose monetary sanctions on a county behavioral health department that is not in compliance with the contract. (3) The bill would provide that its provisions are severable.(4) The bill would provide for the submission of specified sections of this bill and AB 531 to the voters at the March 5, 2024, statewide primary election, as specified.(5) This bill would declare that it is to take effect immediately as an urgency statute.
CA SB 331 - Susan Rubio
Child custody: child abuse and safety.
10/13/2023 - Chaptered by Secretary of State. Chapter 865, Statutes of 2023.
SB 331, Rubio. Child custody: child abuse and safety. Existing law governs the determination of child custody and visitation in contested proceedings. Existing law requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including the nature and amount of contact with both parents and, consistent with specified findings, requires the court’s primary concern to be the health, safety, and welfare of the child. Existing law prohibits the ordering of family reunification services as part of a child custody or visitation rights proceeding.Existing law authorizes the court, upon making certain findings, to require the parent or parents, or any other party involved in a custody or visitation dispute, and the minor child to participate in outpatient counseling, as specified.This bill, Piqui’s Law: Keeping Children Safe from Family Violence Act, would prohibit the court from ordering family reunification treatments, programs, or services, including, but not limited to, camps, workshops, therapeutic vacations, or educational programs that, as a condition of enrollment or participation, require or result in, among other things, the use of private youth transporters or private transportation agents, as specified, a no-contact order, or a transfer of physical or legal custody of the child.Existing law requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters. Existing law requires the training programs to include a domestic violence session in any orientation session for newly appointed or elected judges and an annual training session in domestic violence. Existing law requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence.This bill would instead require the Judicial Council to establish judicial training programs for individuals, including judicial officers and referees, who perform duties in domestic violence or child custody matters, including, among other topics, child sexual abuse and coercive control, as specified. The bill would require the Judicial Council to submit an annual report on these training programs, commencing on or before January 1, 2025, to the Legislature and relevant policy committees, that includes the titles of the training courses being offered and the number of judicial officers that attended each training.
CA SB 345 - Nancy Skinner
Health care services: legally protected health care activities.
09/13/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 345, Skinner. Health care services: legally protected health care activities. (1) Existing law provides for the licensure and regulation of various categories of medical professionals by boards within the Department of Consumer Affairs, including, among others, the Medical Board of California and the Dental Board of California. Existing law makes specified actions by licensed health care providers unprofessional conduct and, in certain cases, a criminal offense. This bill would prohibit a healing arts board, as defined, from denying an application for a license or imposing discipline upon a licensee or health care practitioner on the basis of a civil judgment, criminal conviction, or disciplinary action in another state if that judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive sensitive services, as defined, that would be lawful if provided in this state, regardless of the patient’s location. The bill would further provide that the performance, recommendation, or provision of a legally protected health care activity by a licensee or health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken.In this connection, the bill would define a “legally protected health care activity” to mean specified acts, including, among others, the exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights related to reproductive health care services or gender-affirming health care services secured by the Constitution or laws of this state or the provision of by a health care service plan contract or a policy, or a certificate of health insurance, that provides for those services.(2) Existing law, the Confidentiality of Medical Information Act, generally prohibits a health care provider, health care service plan, contractor, or corporation from sharing, selling, using for marketing, or otherwise using medical information for a purpose not necessary to provide health care services to the patient.This bill would prohibit a person or business from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested. The bill would prohibit the sale or sharing of this information. The bill would authorize an aggrieved person or entity to institute and prosecute a civil action for a violation of these provisions and specify damages and costs authorized to be recovered. The bill would specify these provisions do not apply to a provider of health care, a health care service plan, or a contractor, as defined.(3) Existing law, the Reproductive Privacy Act, declares as contrary to the public policy of this state a law of another state that authorizes a person to bring a civil action against a person or entity that engages in certain activities relating to obtaining or performing an abortion. Existing law prohibits the state from applying an out-of-state law described above to a case or controversy in state court or enforcing or satisfying a civil judgment under the out-of-state law.This bill would state that California law governs in any action against a person who provides or receives by any means, including telehealth, reproductive health care services or gender-affirming health care services, as specified, if the care was legal in the state in which it was provided at the time of the challenged conduct.The bill would state that interference with the right to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, as t
CA SB 349 - Richard Dale Roth
Criminal procedure: competence to stand trial.
07/05/2023 - July 11 set for second hearing canceled at the request of author.
SB 349, as amended, Roth. Criminal procedure: competence to stand trial. Existing law prohibits a person who is found to be mentally incompetent to stand trial. Existing law requires a court, if a question is raised as to a defendant’s mental competence, to hold a hearing into the defendant’s mental competence. Under existing law, if a defendant is found incompetent, the court shall, as specified, order the defendant to treatment for the restoration of competence. Under existing law, if the defendant’s competence is restored, the defendant shall be returned to the court with a certificate of restoration.This bill would provide that, if a question is raised by the court as to a defendant’s mental competence, the question of the defendant’s mental competence shall be presumed to apply to all felony cases pending against the defendant in that county, and that court shall retain jurisdiction over all such cases for the purpose of resolving the question of mental competence.This bill would also clarify that a certificate of restoration of mental competence is presumed to apply to any pending felony case against the defendant at the time the defendant was restored to competence.
CA SB 35 - Thomas J. Umberg
Community Assistance, Recovery, and Empowerment (CARE) Court Program.
09/21/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 35, Umberg. Community Assistance, Recovery, and Empowerment (CARE) Court Program. (1) Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. Existing law requires all evaluations and reports, documents, and filings submitted to the court under CARE proceedings be kept confidential.This bill would authorize CARE Act proceedings to be conducted by a superior court judge or by a court-appointed commissioner or other subordinate judicial officer. The bill would require that there is no fee for filing a petition nor any fees charged by any public officer for services in filing or serving papers or for the performance of any duty enjoined by the CARE Act. The bill would authorize that the respondent is entitled to have an interpreter in all proceedings if necessary for the respondent’s full participation. This bill would require county behavioral health agencies to provide health information necessary to support findings in the filings to the court, as specified, and would exempt counties and their employees from civil or criminal liability for disclosure under these provisions. By increasing the reporting duties on county behavioral health agencies, this bill would create a state-mandated local program.This bill would authorize health care providers and covered entities, as defined, to disclose specified health information to behavioral health agencies for some purposes and would require those entities to disclose that information for other specified purposes. The bill would authorize a county behavioral health agency to apply, ex parte, for an order requiring health care providers or covered entities to provide information, as specified, to the court, the behavioral health agency, or both. The bill would require behavioral health agencies to notify respondent of disclosure, as specified. The bill would exempt health care providers and covered entities from civil or criminal liability for disclosure under these provisions and would exempt information disclosed to a county behavioral health agency by a provider of health care or a covered entity from disclosure or inspection under the Public Records Act.Existing law authorizes a specified individual to commence the CARE process, known as the original petitioner. Under existing law, if the original petitioner is a person other than the director of a county behavioral health agency, the court is required to issue an order relieving the original petitioner and appointing the director of the county behavioral health agency, or their successor, as the substitute petitioner. Under existing law, the original petitioner retains specified rights, including the right to participate in the initial hearing to determine the merits of the petition.This bill would revise the rights of the original petitioner, including giving them the right to be present and make a statement on the merits of the petition at the initial hearing and authorizing the court to assign ongoing rights to an original petitioner who resides with the respondent or is a spouse, parent, sibling, child, or grandparent or other person who stands in loco parentis to the respondent. This bill would additionally authorize the respondent to petition the court for an order sealing their records, as specified, and the filing of such petition would create a presumption in favor of sealing.Existing law authorizes the court to find a person, other than respondent, who has previously filed a pleading in C
CA SB 350 - Anthony J. Portantino Jr.
Pupil attendance: excused absences.
09/12/2023 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
SB 350, as amended, Ashby. Pupil attendance: excused absences. Existing law, notwithstanding the requirement that each person between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, if the absence is for the purpose of attending the funeral services of a member of the pupil’s immediate family, provided that the absence is not more than one day if the service is conducted in the state and not more than 3 days if the service is conducted outside the state.This bill would instead require a pupil to be excused from school for not more than 5 days for the purpose of attending the funeral service or grieving the death of the pupil’s immediate family member, as provided. The bill would also include as another type of required excused absence an absence for not more than 3 days that is for the purpose of accessing victim or grief support services, as provided, or participating in safety planning as it relates to the death of the pupil’s immediate family member, as specified. To the extent that this bill would impose additional duties on local educational entities, the bill would impose a state-mandated local program.This bill would incorporate additional changes to Section 48205 of the Education Code proposed by AB 1503 to be operative only if this bill and AB 1503 are enacted and this bill is enacted last.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA SB 357 - Anthony J. Portantino Jr.
Vehicles: physician and surgeon reporting.
09/12/2023 - Ordered to inactive file on request of Assembly Member Bryan.
SB 357, as amended, Portantino. Vehicles: physician and surgeon reporting. Existing law requires a physician and surgeon to report in writing immediately to the local health officer, the name, date of birth, and address of every patient at least 14 years of age or older whom the physician and surgeon has diagnosed as having a disorder characterized by lapses of consciousness. Existing law requires the local health officer to report this information in writing to the Department of Motor Vehicles. Existing law authorizes the department to refuse to issue to, or renew a driver’s license of, a person who has a disorder characterized by lapses of consciousness or who has experienced, within the last 3 years, either a lapse of consciousness or an episode of marked confusion caused by any condition that may bring about recurrent lapses.This bill would delete these existing provisions and instead would authorize, until January 1, 2029, a physician and surgeon to report in writing immediately to the department the name, date of birth, and address of every patient at least 15 years of age, or 14 years of age if the patient has a junior permit, whom the physician and surgeon has diagnosed as having any physical or mental disability, disease, or disorder that could affect the safe operation of a motor vehicle, if a physician and surgeon reasonably and in good faith believes that reporting the patient will serve the public interest.This bill would also require, until January 1, 2029, the department, in cooperation with the State Department of Public Health and in consultation with appropriate professional medical organizations, to guide reporting so that diagnosed cases reported are only those where there is reason to believe that the patients’ conditions are likely to impair their ability to operate a motor vehicle. The bill would also exempt, until January 1, 2029, a health care provider or health care entity from specified liability, including, among others, civil or criminal liability, for making or not making, or in relation to or arising from making or not making, the report.This bill would require the Department of Motor Vehicles, by January 1, 2027, to submit a report to the Legislature evaluating the impact of transitioning to a discretionary reporting system. The bill would require the department’s report, among other things, to compare the number of reports submitted by physicians and surgeons to the department, before and after this transition. The bill would repeal the department’s reporting requirement on January 1, 2029. This bill would beginning on January 1, 2029, revert to the physician and surgeon reporting requirements in existing law, except the bill would provide a specific definition of “disorders characterized by lapses of consciousness.”
CA SB 363 - Susan Talamantes Eggman
Facilities for inpatient and residential mental health and substance use disorder: database.
09/01/2023 - September 1 hearing: Held in committee and under submission.
SB 363, as amended, Eggman. Facilities for inpatient and residential mental health and substance use disorder: database. Existing law generally requires the State Department of Public Health to license, inspect, and regulate health facilities, defined to include, among other types of health facilities, an acute psychiatric hospital. Existing law generally requires the State Department of Social Services to license, inspect, and regulate various types of care facilities, including, among others, a community crisis home. Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services.This bill would require, by January 1, 2026, the State Department of Health Care Services, in consultation with the State Department of Public Health and the State Department of Social Services, and by conferring with specified stakeholders, to develop a real-time, internet-based database to collect, aggregate, and display information about beds in specified types of facilities, such as chemical dependency recovery hospitals, acute psychiatric hospitals, and mental health rehabilitation centers, among others, to identify the availability of inpatient and residential mental health or substance use disorder treatment. The bill would require the database to include a minimum of specific information, including the contact information for a facility’s designated employee, the types of diagnoses or treatments for which the bed is appropriate, and the target populations served at the facility, and have the capacity to, among other things, enable searches to identify beds that are appropriate for individuals in need of inpatient or residential mental health or substance use disorder treatment.This bill would authorize the department to impose a plan of correction or assess penalties against a facility that fails to submit data accurately, timely, or as otherwise required and would establish a process for facilities to appeal these penalties. The bill would create the Available Care for Inpatient and Residential Mental Health or Substance Use Disorder Treatment Database Maintenance and Oversight Fund for the receipt of any penalties. Because the bill would continuously appropriate moneys in the fund for administrative costs of implementing the database, it would create an appropriation.
CA SB 394 - Lena A. Gonzalez
Master Plan for Healthy, Sustainable, and Climate-Resilient Schools.
09/13/2023 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
SB 394, as amended, Gonzalez. Master Plan for Healthy, Sustainable, and Climate-Resilient Schools. Existing law requires the State Energy Resources Conservation and Development Commission to develop contingency plans to deal with possible shortages of electrical energy or fuel supplies to protect public health, safety, and welfare. Existing law establishes the Clean Energy Job Creation Program for purposes of funding projects for energy efficiency retrofits and clean energy installations, along with related improvements and repairs that contribute to reduced operating costs and improved health and safety conditions, in public schools. Existing law requires certain moneys appropriated for purposes of the program to be allocated to local educational agencies, as specified. Existing law authorizes the commission to adjust the funding allocation to local educational agencies and requires the commission, in allocating grants to local educational agencies, to give priority to certain local educational agencies, as provided.This bill would require, if an appropriation is made for this purpose, the commission to develop a Master Plan for Healthy, Sustainable, and Climate-Resilient Schools on or before March 31, 2025, or 15 months after the appropriation is made, whichever is later. The bill would require the commission to consult with specified state agencies and engage with a diverse group of stakeholders and experts regarding the development of the master plan, as provided. The bill would require the master plan to include specified elements, including, but not limited to, assessments of a representative sample of the state’s public elementary and secondary school buildings and grounds, as provided, and a set of priorities, benchmarks, and milestones for health, resilience, and decarbonization of public school campuses and support facilities.
CA SB 40 - Thomas J. Umberg
State Bar of California.
09/13/2023 - Assembly amendments concurred in. (Ayes 31. Noes 8.) Ordered to engrossing and enrolling.
SB 40, as amended, Umberg. State Bar of California. Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California (State Bar), a public corporation governed by a board of trustees. Under existing law, the officers of the State Bar are a chair, a vice chair, and a secretary. Existing law requires the chair to preside at all meetings of the State Bar and of the board, and requires the vice chair to preside at those meetings in the event of the chair’s absence or inability to act. Existing law authorizes the board to prescribe additional duties of the chair and the vice chair and to prescribe the duties of the secretary. Existing law sets the length of the terms of the chair and the vice chair at one year, and requires them to assume the duties of their office at the conclusion of the annual meeting following their appointment.This bill instead would extend the length of those terms up to 2 years, and would require them to assume the duties of their office at the conclusion of the September meeting following their appointment.This bill would require the board to appoint an executive director of the State Bar, who would be responsible for the leadership and management of the State Bar according to the strategic direction set by the board, and to appoint a general counsel of the State Bar to serve as the chief legal advisor to the board on issues not related to attorney discipline, as specified. The bill would set the length of the term for those appointments at 4 years, and would authorize reappointment for additional 4-year terms. The bill would require the State Bar to notify the Senate Committee on Rules and the Senate and Assembly Committees on Judiciary within seven days of the dismissal or hiring of those positions, and would make those appointments subject to confirmation by the Senate, as specified. The bill would limit the application of these provisions to persons appointed on or after January 1, 2024.Existing law exempts the State Bar from laws restricting, or prescribing a mode of procedure for the exercise of powers of state public bodies or state agencies, as specified.This bill would subject members of the board of trustees and employees of the State Bar to specified conflicts of interest provisions relating to contracts, which are generally applicable to public officers and employees. By expanding the scope of provisions, the violation of which would be a crime, this bill would impose a state-mandated local program.Existing law requires a member of the board to disqualify themself from making, participating in the making of, or attempting to influence any decisions of the board or a committee of the board in which the member has a financial interest, as defined, that it is reasonably foreseeable may be affected materially by the decision. Existing law makes an intentional violation of this requirement subject to specified criminal penalties. Existing law also requires a member to disqualify themself when there exists a personal nonfinancial interest that will prevent the member from applying disinterested skill and undivided loyalty to the State Bar in making or participating in the making of decisions.Under this bill, the scope of the disqualification requirement relating to decisions in which a member has a financial interest, as described, would be expanded to include any decision of the State Bar. By expanding the scope of this requirement, an intentional violation of which is a crime, this bill would impose a state-mandated local program. Under the bill, the scope of the disqualification requirement relating to a member’s personal interests would also be expanded to include any personal interests that may have that effect on the member’s making or participating in the making of decisions.Under existing law, the State Civil Service Act, certain acts, including convictions of certain crimes, are cause for discipline of a state employee or of a person whose
CA SB 400 - Aisha Wahab
Peace officers: confidentiality of records.
09/13/2023 - Ordered to inactive file on request of Assembly Member Bryan.
SB 400, as amended, Wahab. Peace officers: confidentiality of records. Existing law, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer.This bill would clarify that this confidentiality does not prohibit an agency that formerly employed a peace officer or custodial officer from disclosing the termination for cause of that officer, as specified.
CA SB 402 - Aisha Wahab
Emergency services: limiting police response.
02/22/2023 - Referred to Coms. on HEALTH and G.O.
SB 402, as introduced, Wahab.
Emergency services: limiting police response.
Existing law, the Warren-911-Emergency Assistance Act, requires every local public agency, as defined, to have an emergency communication system and requires the digits “911” to be the primary emergency telephone number within the system.Existing law requires the future implementation of a statewide “988” telephone system for suicide prevention and mental health crises.This bill would require 911 or other service center calls for service relating to mental health or homelessness, as specified, to be dispatched to fire district or department personnel, EMS personnel, mental health personnel, or nonsworn unarmed police personnel and not to police officers, except as otherwise provided.By requiring a higher level of service for local governments, this bill would
impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA SB 403 - Aisha Wahab
Discrimination on the basis of ancestry.
09/11/2023 - Enrolled and presented to the Governor at 3 p.m.
SB 403, Wahab. Discrimination on the basis of ancestry. Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.This bill would define “ancestry” for purposes of the act to include, among other things, caste, as defined.Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or specified other characteristics, equal rights and opportunities in the educational institutions of the state, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies therefor.This bill would additionally include ancestry as a protected characteristic in that policy statement and would define ”ancestry” and “caste” for purposes of those provisions.Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment, as prescribed. The FEHA declares the public policy of the state that it is necessary to protect and safeguard the right of all persons to seek, obtain, and hold employment without discrimination, and recognizes and declares to be a civil right the opportunity to seek, obtain, and hold employment without discrimination, based on specified characteristics, including ancestry. The FEHA makes certain discriminatory employment practices based on those characteristics unlawful.This bill would define “ancestry” for purposes of the FEHA to include, among other things, caste, and would also define “caste” for purposes of those provisions.This bill would incorporate additional changes to Section 12926 of the Government Code proposed by AB 524 to be operative only if this bill and AB 524 are enacted and this bill is enacted last.
CA SB 404 - Aisha Wahab
Prohibiting underage, unauthorized marriages.
09/01/2023 - September 1 hearing: Held in committee and under submission.
SB 404, as amended, Wahab. Prohibiting underage, unauthorized marriages. Existing law provides various circumstances that constitute rape, including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where the person submits under the belief that the person committing the act is the victim’s spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce the belief. Existing law also makes it a misdemeanor to sexually assault certain animals for the purpose of gratifying the sexual desires of a person. Existing law makes it a crime to engage in certain types of conduct against a dependent adult or dependent person, including, among others, committing certain sexual acts upon a dependent person.This bill would make it a misdemeanor for any person, 18 years of age or older, to knowingly and willfully sanction or solemnize a marriage or domestic partnership between a minor and another person. The bill would make a violation of these provisions punishable by a fine of not more than $1,000 or by imprisonment in a county jail for up to one year per incident. The bill would exclude a marriage or domestic partnership entered into after receiving a court order, as specified.Because a violation of the provisions would be a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA SB 407 - Scott D. Wiener
Foster care: resource families.
09/21/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 407, Wiener. Foster care: resource families. (1) Existing law generally provides for the placement of foster youth in various placement settings. Existing law provides for the implementation of the resource family approval process and defines a resource family as an individual or family who has successfully met both the home environment assessment standards and permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. Under existing law, the resource family permanency standards include a family evaluation, including, but not limited to, interviews of an applicant, as specified, and a risk assessment. This bill would require a resource family to demonstrate an ability and willingness to meet the needs of a child, regardless of the child’s sexual orientation, gender identity, or gender expression, as specified. To the extent this bill would create new duties for counties, the bill would impose a state-mandated local program.(2) Existing law requires counties to ensure resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children in foster care by completing caregiver training. Existing law requires that training to include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.This bill would require counties to ensure that the caregiver training described above supports children of all races, ethnic group identifications, ancestries, national origins, colors, religions, sexes, sexual orientations, gender identities, mental or physical disabilities, or HIV statuses in foster care. To the extent this bill would create new duties for counties, the bill would impose a state-mandated local program.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA SB 408 - Angelique Ashby
Foster youth with complex needs: regional health teams.
07/13/2023 - Read second time and amended. Re-referred to Com. on APPR.
SB 408, as amended, Ashby. Foster youth with complex needs: regional health teams. Existing law generally provides for the placement of foster youth in various placement settings, and governs the provision of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed. Existing federal law, the Family First Prevention Services Act of 2018, among other things, provides states with an option to use federal funds under Title IV of the federal Social Security Act to provide mental health and substance abuse prevention and treatment services and in-home parent skill-based programs to a child who is a candidate for foster care or a child in foster care who is a pregnant or parenting foster youth, as specified.This bill would require the State Department of Health Care Services, in consultation with the State Department of Social Services, to establish up to 10 regional health teams throughout the state, to serve foster youth and youth who may be at risk of entering foster care. The bill would require the department to submit a state plan amendment to the federal Centers for Medicare and Medicaid Services no later than July 1, 2024, to implement the Medicaid Health Home State Plan Option, as specified, in establishing the regional health teams. The bill would require the department to coordinate with the State Department of Social Services and the State Department of Developmental Services, and to convene and engage specified stakeholders, to develop the regional health teams.The bill would make regional health teams available to children and youth and any adult caregiver or other adult connected with the child or youth under 26 years of age, who are experiencing severe mental illness, emotional disturbance, substance use, intellectual or developmental disability, or special health care needs or chronic health issues, or any combination of those conditions. The bill would specify the required membership of the regional health teams, including, but not limited to, a physician, a licensed clinical social worker, and a public health nurse. The duties of the regional health team would include, but not be limited to, receiving and responding to referrals received from staff from county child welfare agencies, county probation departments, regional centers, and others, developing a person-centered care plan, and coordinating and delivering various categories of care and services.The bill would require the department to provide grants, upon appropriation, to create the necessary startup infrastructure for 10 health teams that are geographically situated to support access to services equitably throughout the state, as specified. The bill would require the regional health teams to be funded by the department pursuant to a competitive procurement process. The bill would declare the intent of the Legislature that the health home state plan option begin no later than December 1, 2024, as specified.The bill would condition implementation of these provisions on the availability of federal financial participation and receipt of any necessary federal approvals. The bill would authorize the department to implement these provisions through all-county letters or similar instructions.
CA SB 417 - Catherine S. Blakespear
Firearms: licensed dealers.
09/11/2023 - Enrolled and presented to the Governor at 3 p.m.
SB 417, Blakespear. Firearms: licensed dealers. Existing law requires any sale or transfer of a firearm to be processed through a licensed dealer. Existing law requires each dealer to conspicuously post certain warnings and notices within their licensed premises, including safe storage requirements, requirements regarding the reporting of lost and stolen firearms, and information regarding the suicide prevention lifeline.This bill would revise this required posting, as specified.
CA SB 43 - Scott D. Wiener
Behavioral health.
09/21/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 43, Eggman. Behavioral health. Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Existing law, for purposes of involuntary commitment, defines “gravely disabled” as either a condition in which a person, as a result of a mental health disorder, is unable to provide for their basic personal needs for food, clothing, or shelter or has been found mentally incompetent, as specified.This bill expands the definition of “gravely disabled” to also include a condition in which a person, as a result of a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is, in addition to the basic personal needs described above, unable to provide for their personal safety or necessary medical care, as defined. The bill would also expand the definition of “gravely disabled,” as it applies to specified sections, to include, in addition to the basic needs described above, the inability for a person to provide for their personal safety or necessary medical care as a result of chronic alcoholism. The bill would authorize counties to defer implementation of these provisions to January 1, 2026, as specified. The bill would make conforming changes. To the extent that this change increases the level of service required of county mental health departments, the bill would impose a state-mandated local program.Existing law also authorizes the appointment of a conservator, in the County of Los Angeles, the County of San Diego, or the City and County of San Francisco, for a person who is incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder. Existing law establishes the hearsay rule, under which evidence of a statement is generally inadmissible if it was made other than by a witness while testifying at a hearing and is offered to prove the truth of the matter stated. Existing law sets forth exceptions to the hearsay rule to permit the admission of specified kinds of evidence.Under this bill, for purposes of an opinion offered by an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to the above-described provisions, the statements of specified health practitioners or a licensed clinical social worker included in the medical record would not be made inadmissible by the hearsay rule under specified conditions. The bill would authorize the court to grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel.Existing law requires the State Department of Health Care Services to collect data quarterly and publish, on or before May 1 of each year, a specified report that includes, among other things, the number of persons for whom temporary conservatorship are established in each county and an analysis and evaluation of the efficacy of mental health assessments, detentions, treatments, and supportive services provided, as specified.This bill would, beginning with the report due May 1, 2024, require the report to also include the number of persons admitted or detained, as specified, for conditions that include, among others, grave disability due to a mental health disorder, severe substance use disorder, or both a mental health disorder and a severe substance use disorder.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA SB 435 - Lena A. Gonzalez
Collection of demographic data: CalFresh program and State Department of Public Health.
09/15/2023 - Enrolled and presented to the Governor at 3 p.m.
SB 435, Gonzalez. Collection of demographic data: CalFresh program and State Department of Public Health. (1) Existing law requires specified state agencies, boards, and commissions, in the course of collecting demographic data as to the ancestry or ethnic origin of Californians, to use separate collection categories and tabulations for specified groups. Existing federal law provides for the Supplemental Nutrition Assistance Program, known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, the State Department of Social Services (department) administers the CalFresh program. Existing law requires the department to publicly report specified information, including certain data specific to students enrolled in an institution of higher learning who receive CalFresh benefits, as specified. This bill would require the department, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of California residents for any report on the CalFresh program, to use separate collection categories and tabulations for each major Latino group, Mesoamerican Indigenous nation, and Mesoamerican Indigenous language group, as specified.Existing law requires specific state agencies, boards, and commissions to report, as specified, data on collection categories and tabulations for specified groups. Existing law requires the collected data to be made available to the public except for personal identifying information, which shall be deemed confidential.This bill would require the department to include the collected data in every demographic report on ancestry or ethnic origins of California residents that the department publishes or releases on or after July 1, 2027. On or before July 1, 2027, and annually thereafter, the bill would require the department to report to the Legislature on the above-described data collection and methods used to collect that data. The bill would require the department to make available to the public the collected data, except for personal identifying information, as specified. The bill would require the department to update its data collection to reflect additional Latino groups, Mesoamerican Indigenous nations, and Mesoamerican Indigenous language groups as they are reported by the United States Census Bureau, as specified. The bill would require the department to comply with the bill’s requirements as early as possible, but no later than July 1, 2027.On or after January 1, 2026, the bill would require the State Department of Public Health to comply with the bill’s requirements if funding is appropriated for this express purpose, as specified.(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
CA SB 449 - Steven Craig Bradford
Peace officers: Peace Officer Standards Accountability Advisory Board.
09/11/2023 - In Senate. Concurrence in Assembly amendments pending.
SB 449, as amended, Bradford. Peace officers: Peace Officer Standards Accountability Advisory Board. Existing law defines “certification” as a valid and unexpired basic certificate or proof of eligibility to serve as a peace officer issued by the Commission on Peace Officer Standards and Training. The bill would redefine “certification” to mean any and all valid and unexpired certificates issued by the commission, as specified. Existing law allows the commission to consider a peace officer’s prior conduct and service record in determining whether revocation is appropriate for serious misconduct.The bill would allow the commission to also consider suspension as punishment for serious misconduct.Existing law requires hearings of the board, the review by the commission, administrative adjudications, as specified, and any records introduced during those proceedings to be public.The bill would authorize the Peace Officer Standards Accountability Division to redact these public records, as specified.Existing law requires an agency employing peace officers to report to the commission the employment, appointment, or separation from employment of a peace officer, any complaint, charge, allegation, or investigation into the conduct of a peace officer that could render the officer subject to suspension or revocation, findings by civil oversight entities, and civil judgments that could affect the officer’s certification. Existing law requires the commission to maintain the information reported by an agency in a manner that may be accessed by the subject peace officer, among other entities.The bill would authorize the commission to withhold this information from the subject peace officer if disclosure could jeopardize an ongoing investigation, create a risk of any form of harm or injury to a victim or witness, or otherwise create a risk of any form of harm or injury that outweighs the interest in disclosure until the risk of harm or injury is ended or mitigated so that the interest in disclosure is no longer outweighed by the interest in nondisclosure. The bill would also require this information that has been withheld from the subject officer and released by the commission to an agency, as specified, to be kept confidential by the receiving agency. This bill would make other conforming changes.Existing law authorizes the commission to suspend, revoke, or cancel any certification, as specified.This bill would clarify that this authority extends to any certificate or proof of eligibility that is expired, inactive, expired, or canceled. The bill would also allow the commission to cancel any certificate or proof of eligibility that was fraudulently obtained, as specified.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.The bill would make legislative findings to that effect.
CA SB 45 - Richard Dale Roth
California Acute Care Psychiatric Hospital Loan Fund.
09/01/2023 - September 1 hearing: Held in committee and under submission.
SB 45, as amended, Roth. California Acute Care Psychiatric Hospital Loan Fund. The California Health Facilities Financing Authority Act authorizes the California Health Facilities Financing Authority (authority) to, among other things, make loans from the continuously appropriated California Health Facilities Financing Authority Fund to participating health institutions, as defined, for financing or refinancing the acquisition, construction, or remodeling of health facilities.Under existing law, the board of supervisors of each county may maintain in the county hospital, in any other hospital situated within or without the county, or in any other psychiatric health facility situated within or without the county, suitable facilities and nonhospital or hospital services for the detention, supervision, care, and treatment of persons who have a mental health disorder or a developmental disability, or who are alleged to be such. Existing law defines “county psychiatric hospital” as a hospital, ward, or facility provided by the county pursuant to certain provisions.This bill would establish the California Acute Care Psychiatric Hospital Loan Fund to be used by the authority to provide loans to qualifying county or city and county applicants for the purpose of building or renovating acute care psychiatric hospitals, psychiatric health facilities, or psychiatric units in general acute care hospitals, as defined. The bill would authorize the authority to establish an interest rate for loans funded by general obligation bonds, as specified, and would otherwise require that loans be provided at zero interest. The bill would require the authority to develop an application for county or city and county applicants by January 1, 2025. The bill would require initial preliminary applications for projects to be submitted to the authority by April 1, 2025, and would require the authority to approve the project based on specified criteria. The bill would provide for the return of any funds not encumbered by a loan recipient within a specified period and would require a loan recipient to maintain and operate the facility for the life of the loan. The bill would authorize the authority to charge a fee to cover the cost of administering the loan. The bill would also require the authority to provide a report to the Department of Finance and the budget and health committees of the Assembly and Senate by a specified date that would include, among other things, the number of projects that are receiving loans and their geographic distribution.
CA SB 46 - Richard Dale Roth
Controlled substances: treatment.
09/12/2023 - Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling.
SB 46, as amended, Roth. Controlled substances: treatment. Existing law, as added by the Substance Abuse and Crime Prevention Act of 2000, adopted by voters as Proposition 36 at the November 7, 2000, statewide general election, requires that persons convicted of certain nonviolent drug possession offenses be granted probation and participate in and complete an appropriate drug treatment program as a condition of that probation. After completion of drug treatment and the terms of probation, the act requires the court to conduct a hearing, set aside the conviction, and dismiss the complaint if the court finds, among other requirements, that the defendant successfully completed drug treatment. For purposes of the act, a defendant has successfully completed treatment if they have completed the prescribed course of drug treatment and, as a result, there is reasonable cause to believe that they will not abuse controlled substances in the future. The act allows its amendment by a statute passed by 2/3 of both houses of the Legislature and requires that all amendments further the act and be consistent with its purposes.This bill would amend the act by removing the requirement that there be reasonable cause to believe that the defendant will not abuse controlled substances in the future in order to be considered as having successfully completed treatment.Existing law requires the court, when granting probation after conviction of any controlled substance offense, as specified, to order as a condition of probation that the defendant secure education or treatment from a local community agency designated by the court. Existing law requires a juvenile court to order a minor, found to have been in possession of any controlled substance, to receive education or treatment from a local community agency, as specified, and to order the minor’s parents or guardian to participate in the education or treatment if beneficial to the minor. Existing law provides that a defendant’s willful failure to complete a court-ordered education or treatment program shall be a circumstance in aggravation for purposes of sentencing in any subsequent prosecution for specified controlled substance violations. This bill would allow the court to order the defendant to complete a controlled substance education or treatment program, as specified, if available and as appropriate for the individual. The bill would require the court to determine the defendant’s ability to pay for the program and would authorize the court to develop a sliding fee schedule based on the person’s inability to pay, including making a person who is granted specified relief from court fees and costs not responsible for any costs. The bill would strike the requirement that a juvenile court order a minor and their parents or guardians to receive education or treatment. The bill would require the court or probation department to refer defendants to controlled substance education or treatment programs that adhere to specified standards. The bill would require the county drug program administrator, with input from representatives of the court, the county probation department, and substance use treatment providers, to design and implement an approval and renewal process for controlled substance education and treatment programs. The bill would require the court, when a defendant is convicted of a controlled substance offense resulting in imprisonment, to recommend that the defendant attend a controlled substance education or treatment program while imprisoned. By imposing additional duties on local entities, the bill would impose a state-mandated local program.Existing law requires every county drug program administrator, in consultation with representatives of the court and the county probation department, to establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs, including a minimum of 20 hours of education, counseling, or any combination of both fo
CA SB 461 - Aisha Wahab
Days and hours of work: religious or cultural observance.
09/13/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 461, Wahab. Days and hours of work: religious or cultural observance. Existing law generally entitles a state employee to be given time off with pay for specified holidays and entitles a state employee to one personal holiday per fiscal year. Existing law authorizes the department head or designee to require the employee to provide 5 working days’ advance notice before a personal holiday is taken, to deny use subject to operational needs, and to provide by rule for the granting of the personal holiday for employees. Existing law authorizes a state employee to elect to receive 8 hours of holiday credit for certain holidays in lieu of receiving 8 hours of personal holiday credit, as specified.This bill would authorize an employee to elect to receive 8 hours of holiday credit for observance of a holiday or ceremony of the state employee’s religion, culture, or heritage in lieu of receiving 8 hours of personal holiday credit.Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law, the Ralph C. Dills Act, grants state employees the right to form and join employee organizations for the purpose of representation of all matters of employer-employee relations. Existing law establishes procedures by which an agreement in the form of a written memorandum of understanding may be reached between the Governor and the recognized employee organization, and presented, as appropriate, to the Legislature for determination. This bill would apply its provisions to a bargaining unit only after the bargaining unit meets and confers with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining unit’s collective bargaining agreement, as specified.
CA SB 463 - Aisha Wahab
Dependent children.
09/11/2023 - Enrolled and presented to the Governor at 3 p.m.
SB 463, Wahab. Dependent children. Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness as a result of the failure or inability of their parent or guardian to adequately supervise or protect the child. Existing law requires the court to make a determination, throughout various hearings in the juvenile dependency process, including at the 6-month review hearing, the 12-month permanency hearing, and subsequent permanency review hearings, as to whether the return of the child to their parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. Under existing law, the failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs is considered prima facie evidence at these hearings that return would be detrimental.This bill would delete these provisions requiring the failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs to be considered prima facie evidence at specified review hearings.This bill would incorporate additional changes to Section 366.22 of the Welfare and Institutions Code proposed by AB 937 to be operative only if this bill and AB 937 are enacted and this bill is enacted last.
CA SB 465 - Thomas J. Umberg
Refugees.
09/12/2023 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
SB 465, as amended, Wahab. Refugees. Existing law requires the State Department of Social Services to allocate federal funds appropriated for refugee social services programs to each eligible county, and authorizes the department, to the extent permitted by federal law, to contract with or award grants to a qualified nonprofit organization for the purpose of administering refugee social services within a county. This bill would require each county human services agency to post a single page on its internet website with a list of resources available for refugees that includes, among other things, public transportation, financial literacy information, and affordable housing and rental assistance programs. By imposing new duties on counties, the bill would impose a state-mandated local program. The bill would also require the department to post a single page on its internet website with a list of available state resources available for refugees and a link to the internet website of each county human assistance agency.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA SB 482 - Catherine S. Blakespear
Multifamily Housing Program: supportive housing: capitalized operating reserves.
09/21/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 482, Blakespear. Multifamily Housing Program: supportive housing: capitalized operating reserves. Existing law establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development of specified types of housing projects. Existing law establishes eligible cost categories for the Multifamily Housing Program, which include capitalized reserves for replacement and operation. In this regard, existing law authorizes the department to allow capitalized operating reserves to be used for rent subsidies for assisted units, as specified.This bill would specify that the department may allow capitalized operating reserves to be used for eligible projects, and that assisted units may include, but not be limited to, supportive housing units, as defined. To determine project eligibility for capitalized operating reserves, the bill would authorize the department to consider specified factors, including the availability of funds and the individual financial needs of the project. The bill would require the department to offer capitalized operating reserves to supportive housing units after developers have sought capitalized reserves from other potential funding sources.
CA SB 492 - Susan Talamantes Eggman
Pretrial diversion for veterans.
05/18/2023 - May 18 hearing: Held in committee and under submission.
SB 492, as introduced, Eggman. Pretrial diversion for veterans. Existing law provides for the diversion of specified criminal offenders in alternate sentencing and treatment programs. Existing law provides for a pretrial diversion program for a defendant who was, or currently is, a member of the Armed Forces of the United States, who may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of the defendant’s military service. Existing law authorizes the court, with the consent of the defendant and a waiver of the defendant’s speedy trial right, to postpone prosecution, either temporarily or permanently, of a criminal offense and place the defendant in a pretrial diversion program.This bill would add felony offenses, as specified, to the pretrial diversion program for a defendant who was, or currently is, a member of the Armed Forces of the Unites States. By requiring counties to coordinate services for a new group of veterans, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA SB 499 - Caroline Menjivar
School facilities: School Extreme Heat Action Plan Act of 2023.
09/01/2023 - September 1 hearing: Held in committee and under submission.
SB 499, as amended, Menjivar. School facilities: School Extreme Heat Action Plan Act of 2023. Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities, daycare centers, and family daycare homes by the State Department of Social Services. The act exempts from its provisions certain types of these facilities and certain programs, including, among others, a California state preschool program operated by a local educational agency under contract with the State Department of Education and that meets specified conditions and operates in a school building. Existing law requires the governing board of any school district to, among other things, repair its school property.This bill, the School Extreme Heat Action Plan Act of 2023, would, among other things, require all schoolsites, as defined, the next time outdoor surfaces are resurfaced or replaced at the schoolsite, to replace low specific heat surfaces, such as cement, asphalt, brick, pebbles, sand, aggregates, rubber, and synthetic turf, with high specific heat surfaces, such as cool pavement technologies, natural grass, shrubs, trees, wood chips, or other natural systems that mitigate heat and pollution, as provided. The bill would require all schoolsite decisionmaking personnel involved in the replacement or resurfacing of outdoor surfaces at a schoolsite to be trained in extreme heat mitigation measures. By imposing additional duties on local educational entities, the bill would impose a state-mandated local program.This bill would require the State Department of Education, in consultation with the State Department of Social Services, as appropriate, to develop a template for an extreme heat action plan to be used by schoolsites, and to make a model program guidebook available to schoolsites and establish a process for systematically updating the guidebook and supporting documentation. The bill would require the State Department of Social Services to identify a liaison for child daycare facilities, as defined, for these purposes.This bill would, on or before January 1, 2025, require all schoolsites, as defined, to develop an extreme heat action plan, as specified. The bill would require the plan to address the installation or planting of (1) shade trees or mini-forests, positioned on schoolsites where pupils can access them when in attendance, (2) school garden infrastructure and plantings, and (3) green barriers between the schoolsite and any adjacent high-polluting streets or commercial projects. By imposing additional duties on local educational entities, the bill would impose a state-mandated local program.This bill would also require, on or before January 1, 2027, schoolsites to begin implementation of their extreme heat action plan. The bill would make implementation of the plan contingent upon appropriation by the Legislature. By imposing additional duties on local educational entities, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA SB 509 - Anthony J. Portantino Jr.
School employee and pupil training: youth mental and behavioral health: mental health education.
09/13/2023 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
SB 509, as amended, Portantino. School employee and pupil training: youth mental and behavioral health: mental health education. (1) Existing law, subject to an appropriation, requires the State Department of Education to recommend best practices and identify training programs for use by local educational agencies that serve pupils in any of grades 7 to 12, inclusive, to address youth behavioral health, on or before January 1, 2023, as provided. Existing law requires the department to ensure that each identified training program, among other requirements, provides instruction on recognizing the signs and symptoms of youth behavioral health disorders, including common psychiatric conditions and substance use disorders.This bill would delete the term “common” and replace “use” with “abuse” for purposes of that instruction requirement. The bill would, subject to an appropriation, require the department to, on or before January 1, 2025, recommend best practices and identify training programs for use by local educational agencies serving pupils in kindergarten or any of grades 1 to 6, inclusive, to address youth behavioral health for those pupils, as provided. The bill would require, on or before July 1, 2027, local educational agencies serving pupils in any of grades 7 to 12, inclusive, to certify to the department that 40% of its classified employees and 100% of its certificated employees, who serve and have direct contact with pupils in any of grades 7 to 12, inclusive, at school, have received the above-described youth behavioral health training, as specified. The bill would prohibit the training in youth behavioral health to be a condition of employment or hiring. By imposing training certification duties on local educational agencies, the bill would impose a state-mandated local program.(2) Existing law requires the adopted course of study for grades 1 to 6, inclusive, to include certain areas of study, including, among others, English, mathematics, social sciences, science, visual and performing arts, and health, as specified. With respect to the study of health, existing law requires instruction in the principles and practices of individual, family, and community health.This bill would require that health area of study for grades 1 to 6, inclusive, to also include instruction on mental health. To the extent that this requirement would impose new duties on local educational agencies, it would constitute a state-mandated local program.(3) This bill would incorporate additional changes to Section 51210 of the Education Code proposed by AB 285 and AB 446 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA SB 513 - Scott D. Wiener
Incarcerated persons: mental health.
05/18/2023 - May 18 hearing: Held in committee and under submission.
SB 513, as introduced, Wiener. Incarcerated persons: mental health. Existing law provides that the supervision, management, and control of the state prisons, and the responsibility for the care, custody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the Department of Corrections and Rehabilitation. Existing law requires the secretary to provide facilities and licensed professional personnel for a psychiatric and diagnostic clinic and any such branches thereof as may be required at one or more of the state prisons or institutions under the jurisdiction of the department.This bill would require the department to conduct mental health treatment for state prison inmates in a manner to accomplish various goals, including providing, to the greatest extent possible, regular and consistent mental health therapy to inmates who seek it, and ensuring that an inmate is provided an introductory mental health therapy appointment within 2 weeks of the inmate requesting care. The bill would also make Legislative findings and declarations.
CA SB 515 - Henry I. Stern
School facilities: shade structures.
09/13/2023 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
SB 515, as amended, Stern. School facilities: shade structures. The Field Act requires the Department of General Services under the police power of the state to supervise the design and construction of any school building or the reconstruction or alteration of or addition to any school building, if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and building standards published in regulations, and to ensure that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.The California Building Standards Code requires that specified buildings, structures, and facilities be accessible to, and useable by, persons with disabilities, including that when alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition is provided.This bill would limit the cost of complying with the requirement to provide an accessible path of travel to a free-standing, open-sided shade structure project that meets specified requirements and that is on a school district, county office of education, charter school, or community college campus to 20% of the adjusted construction cost, as defined, of the shade structure project.
CA SB 519 - Akilah Faizah Weber
Corrections.
09/13/2023 - Assembly amendments concurred in. (Ayes 31. Noes 4.) Ordered to engrossing and enrolling.
SB 519, as amended, Atkins. Corrections. Existing law, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer.This bill would, beginning on July 1, 2024, make records relating to an investigation conducted by a local detention facility into a death incident, as defined, available to public inspection, as specified. By increasing duties on local governments, this bill would create a state-mandated local program.Existing law establishes the Board of State and Community Corrections, with the mission of providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system.This bill would expand the board’s mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities. The bill would create the position of Director of In-Custody Death Review (director) within the Board of State and Community Corrections. The bill would require the Governor to appoint, subject to confirmation by the Senate, the director to a 6-year term. The bill, beginning on July 1, 2024, would require the director to review investigations of any death incident occurring within a local detention facility, as specified. The bill would require, upon that review, the director to make specific recommendations to the sheriff or administrator of the local detention facility who operates the local detention facility regarding those incidents, including, among other things, changes to policies, procedures, and practices, as specified. The bill, within 90 days of receipt of the recommendations of the director, would require the sheriff or administrator of the local detention facility who operates the local detention facility to identify the recommendations that will be implemented and provide a timeline for implementation and the anticipated cost of implementing those recommendations. The bill would require these recommendations and responses to be made available to the public, and would give the director and the sheriff or administrator of the local detention facility the discretion to redact these disclosures, as specified. The bill, beginning on July 1, 2024, would require the Board of State and Community Corrections to employ a sufficient number of licensed medical professionals and licensed behavioral health professionals to participate in the reviews, assist with establishing and implementing health and behavioral health standards for local detention facilities, and review the delivery of medical and behavioral health services within local detention facilities.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA SB 521 - Lola Smallwood-Cuevas
CalWORKs: pregnancy or parenting.
09/12/2023 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
SB 521, as amended, Smallwood-Cuevas. CalWORKs: pregnancy or parenting. Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of federal, state, and county funds, each county provides cash assistance and other benefits to qualified low-income families. Under the CalWORKs program, as a condition of eligibility for aid, recipients are required to participate in certain welfare-to-work activities, except for specified individuals, including, among others, individuals under 16 years of age and recipients who are pregnant.Existing law requires that a recipient be excused from participation for good cause if the county has determined that there is a condition or other circumstance that temporarily prevents or significantly impairs the recipient’s ability to be regularly employed or to participate in welfare-to-work activities. Existing law requires the county human services agency to review the good cause determination for its continuing appropriateness in accordance with the projected length of the condition, or circumstance, but not less than every 3 months. Under existing law, conditions that may be considered good cause include, but are not limited to, lack of necessary supportive services, licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available during the individual’s hours of training or employment, arrangements for childcare have broken down or have been interrupted, or childcare is needed for a child who meets specified criteria.Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance.This bill would add denial of reasonable accommodations for pregnant or parenting students, in violation of Title IX, to the list of conditions that may be considered good cause for excuse from participation in welfare-to-work activities.Existing law prohibits the application of sanctions for a failure or refusal to comply with CalWORKs program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment. Under existing law, those reasons include, among others, that the employment-related circumstance involves conditions that are in violation of applicable health and safety standards or it discriminates on any of specified protected characteristics.This bill would add to those reasons the circumstance of the recipient requiring pregnancy- or parenting-related accommodations covered under Title IX, or other specified laws, and not having received adequate accommodations.The bill would make a change to a related provision under existing law concerning a stakeholder workgroup.Under existing law, a parent or caretaker relative is not eligible for CalWORKs aid when the parent or caretaker has received aid for a cumulative total of 48 months. Existing law increases that time limit to 60 months on May 1, 2022, or upon a specified notification to the Legislature from the State Department of Social Services. Existing law provides that all months of aid received under the CalWORKs program apply toward those time limits, except when certain conditions apply, or as otherwise specified by law.Existing law establishes the Cal-Learn Program, which requires certain CalWORKs recipients who are under 19 years of age and are pregnant or custodial parents to participate in the program until the participant earns a high school diploma or its equivalent. Existing law requires counties to arrange for the provision of education and supportive services that teenage parents need to successfully participate in the Cal-Learn Program. Existing law requires a county to exempt a teenage parent from the Cal-Learn Program if specified conditions occur, including, but not limited to
CA SB 525 - Maria Elena Durazo
Minimum wages: health care workers.
10/13/2023 - Chaptered by Secretary of State. Chapter 890, Statutes of 2023.
SB 525, Durazo. Minimum wages: health care workers. Existing law generally requires the minimum wage for all industries to not be less than specified amounts to be increased until it is $15 per hour commencing January 1, 2022, for employers employing 26 or more employees, and commencing January 1, 2023, for employers employing 25 or fewer employees. Existing law makes a violation of minimum wage requirements a misdemeanor. This bill would establish 5 separate minimum wage schedules for covered health care employees, as defined, depending on the nature of the employer.This bill would require, for any covered health care facility employer, as defined, with 10,000 or more full-time equivalent employees (FTEE), as defined, any covered health care facility employer that is a part of an integrated health care delivery system or a health care system with 10,000 or more FTEEs, a covered health care facility employer that is a dialysis clinic or is a person that owns, controls, or operates a dialysis clinic, or a covered health facility owned, affiliated, or operated by a county with a population of more than 5,000,000 as of January 1, 2023, the minimum wage for covered health care employees to be $23 per hour from June 1, 2024, to May 31, 2025, inclusive, $24 per hour from June 1, 2025, to May 31, 2026, inclusive, and $25 per hour from June 1, 2026, and until as adjusted as specified.This bill would require, for any hospital that is a hospital with a high governmental payor mix, an independent hospital with an elevated governmental payor mix, a rural independent covered health care facility, or a covered health care facility that is owned, affiliated, or operated by a county with a population of less than 250,000 as of January 1, 2023, as those terms are defined, the minimum wage for covered health care employees to be $18 per hour from June 1, 2024, to May 31, 2033, inclusive, and $25 per hour from June 1, 2033, and until as adjusted as specified.This bill would require, for specified clinics that meet certain requirements, the minimum wage for covered health care employees to be $21 per hour from June 1, 2024, to May 31, 2026, inclusive, and $22 per hour from June 1, 2026, to May 31, 2027, inclusive, and $25 from June 1, 2027, and until as adjusted as specified.This bill would require, for all other covered health care facility employers, the minimum wage for covered health care employees to be $21 per hour from June 1, 2024, to May 31, 2026, inclusive, $23 per hour from June 1, 2026, to May 31, 2028, inclusive, and $25 per hour from June 1, 2028, and until as adjusted as specified. This bill would provide that a covered health care facility that is county owned, affiliated, or operated must implement the appropriate minimum wage schedule described above, as applicable, beginning January 1, 2025.This bill would also separately require, for a licensed skilled nursing facility, as described, the minimum wage for certain other covered health care employees, as described, to be $21 per hour from June 1, 2024, to May 31, 2026, inclusive, $23 per hour from June 1, 2026, to May 31, 2028, inclusive, and $25 per hour from June 1, 2028, and until as adjusted as specified. The bill would make this minimum wage requirement effective only when a patient care minimum spending requirement applicable to skilled nursing facilities is in effect.This bill would provide that the health care worker minimum wages constitute the state minimum wage for covered health care employment for all purposes under the Labor Code and the Wage Orders of the Industrial Welfare Commission. The bill would provide that a health care worker minimum wage is enforceable by the Labor Commissioner or by a covered worker through a civil action, through the same means and with the same relief available for violation of any other state minimum wage requirement. By establishing new minimum wages, the violation of which would be a crime, the bill would impose a state-mandated loca
CA SB 534 - Stephen C. Padilla
Equitable Access to Job Opportunity Pilot Program.
09/01/2023 - September 1 hearing: Held in committee and under submission.
SB 534, as amended, Padilla. Equitable Access to Job Opportunity Pilot Program. Existing law establishes the California Workforce Development Board as the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. Existing law establishes the Office of Planning and Research within the Governor’s office to provide long-range planning and research and to serve as the comprehensive state planning agency.This bill would establish the Equitable Access to Job Opportunity Pilot Program, to be operative from January 1, 2025, to January 1, 2026, inclusive, to provide individuals without postsecondary education degrees from rural or low-income communities with financial aid for workforce development training and education to gain employment in key industries. The bill would require the board and the office to administer the pilot program, including identifying key industries and developing partnerships, pathways, and opportunities to ensure local development of those industries, as specified. The bill would require the board and the office to work with local stakeholders, including local workforce development boards, in securing job opportunities and building pathways and partnerships, as specified. The bill would require the board and the office, on or before January 1, 2027, to report to the Legislature on the effectiveness of the program, as specified. The bill would make the bill’s provisions operative only upon appropriation by the Legislature. The bill would repeal the bill’s provisions on January 1, 2028.
CA SB 537 - Josh Becker
Open meetings: multijurisdictional, cross-county agencies: teleconferences.
09/05/2023 - Ordered to third reading.
SB 537, as amended, Becker. Open meetings: multijurisdictional, cross-county agencies: teleconferences. Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined.Existing law, until January 1, 2024, authorizes the legislative body of a local agency to use alternate teleconferencing provisions during a proclaimed state of emergency or in other situations related to public health that exempt a legislative body from the general requirements (emergency provisions) and impose different requirements for notice, agenda, and public participation, as prescribed. The emergency provisions specify that they do not require a legislative body to provide a physical location from which the public may attend or comment.Existing law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in certain circumstances related to the particular member if at least a quorum of its members participate from a singular physical location that is open to the public and situated within the agency’s jurisdiction and other requirements are met, including restrictions on remote participation by a member of the legislative body. These circumstances include if a member shows “just cause,” including for a childcare or caregiving need of a relative that requires the member to participate remotely. This bill would expand the circumstances of “just cause” to apply to the situation in which an immunocompromised child, parent, grandparent, or other specified relative requires the member to participate remotely. The bill would authorize the legislative body of a multijurisdictional, cross-county agency, as specified, to use alternate teleconferencing provisions if the eligible legislative body has adopted an authorizing resolution, as specified. The bill would also require the legislative body to provide a record of attendance of the members of the legislative body, the number of community members in attendance in the teleconference meeting, and the number of public comments on its internet website within 10 days after a teleconference meeting, as specified. The bill would require at least a quorum of members of the legislative body to participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction. The bill would require a member who receives compensation for their service, as specified, on the legislative body to participate from a physical location that is open to the public. The bill would require the legislative body to identify in the agenda each member who plans to participate remotely and to include the address of the publicly accessible building from which each member will participate via teleconference. The bill would prohibit a member from participating remotely pursuant to these provisions unless the remote location is the member’s office or another location in a publicly accessible building and is more than 40 miles from the in-person location of the meeting. The bill would repeal these alternative teleconferencing provisions on January 1, 2026.This bill would incorporate additiona
CA SB 540 - John Scott Laird
Cannabis and cannabis products: health warnings.
09/13/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 540, Laird. Cannabis and cannabis products: health warnings. The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including retail commercial cannabis activity, under the jurisdiction of the Department of Cannabis Control.Existing law requires cannabis and cannabis product labels and inserts to include specified warnings about the safety of cannabis use.This bill would, on or before July 1, 2025, require the department to reevaluate regulations for the above-described warnings to determine whether any additional warnings are necessary to reflect evolving science, and would require the department to adopt regulations for cannabis and cannabis product labels or inserts reflecting the evolving science regarding the risks that cannabis use may cause consumers. The bill would, on or before January 1, 2030, and every 5 years thereafter, require the department to reevaluate the adopted regulations to determine whether the requirements reflect the state of the evolving science on cannabis health effects and on effective communication of health warnings. The bill would authorize cannabis or cannabis products manufactured before January 1, 2030, and every proceeding year new labeling requirements are imposed to be sold for up to 12 months or for a shorter period of time as prescribed by the department.The bill would, on or before January 1, 2025, require the department, in consultation with the State Department of Public Health, to create and post for public use a single-page flat or folded brochure that includes prescribed information, including, among other things, implications and risks associated with cannabis use, as specified. The bill would, on and after March 1, 2025, require a retailer or microbusiness selling, or person delivering, cannabis or cannabis products to a consumer to prominently display the brochure, including printed copies, at the point of sale of final delivery in person or online, and offer each new consumer a copy of the brochure at the time of first purchase or delivery. The bill would, on or before January 1, 2030, and every 5 years thereafter, require the department to either recertify the information in the brochure or provide updated language, as specified.
CA SB 541 - Caroline Menjivar
Sexual health: contraceptives.
09/15/2023 - Enrolled and presented to the Governor at 3 p.m.
SB 541, Menjivar. Sexual health: contraceptives. (1) Existing law, the California Healthy Youth Act, requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified.This bill would, in order to prevent and reduce unintended pregnancies and sexually transmitted infections, on or before the start of the 2024–25 school year, require each public school, including schools operated by a school district or county office of education, charter schools, and state special schools, to make internal and external condoms available to all pupils in grades 9 to 12, inclusive, free of charge, as provided. The bill would require these public schools to, at the beginning of each school year, inform pupils through existing school communication channels that free condoms are available and where the condoms can be obtained on school grounds. The bill would require a public school to post at least one notice regarding these requirements, as specified. The bill would require this notice to include certain information, including, among other information, information about how to use condoms properly. The bill would require each public school serving any of grades 7 to 12, inclusive, to allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, as provided. The bill would authorize a state agency, the State Department of Education, or a public school to accept gifts, grants, and donations from any source for the support of a public school carrying out these provisions, including, but not limited to, the acceptance of condoms from a manufacturer or wholesaler. The bill would, in order to comply with these provisions, encourage public schools to explore partnerships, including, but not limited to, partnerships with local health jurisdictions, as defined, community health centers, nonprofit organizations, and the State Department of Public Health. By imposing additional duties on public schools, the bill would impose a state-mandated local program. The bill would additionally prohibit a public school, as defined, maintaining any combination of classrooms from grades 7 to 12, inclusive, a school district, the State Department of Education, or a county office of education from prohibiting certain school-based health centers, as defined, from making internal and external condoms available and easily accessible to pupils at the school-based health center site.(2) Under existing law, the Sherman Food, Drug, and Cosmetic Law, the State Department of Public Health generally regulates the packaging, labeling, advertising, and sale of food, drugs, devices, and cosmetics, in accordance with the Federal Food, Drug, and Cosmetic Act. A violation of those provisions is generally a crime. Existing law sets forth various other provisions relating to the furnishing and health care coverage of certain types of contraception.This bill would, with certain exceptions, prohibit a retail establishment, as defined, from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age. Under the bill, a violation of that prohibition would be exempt from the above-described criminal penalty.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reim
CA SB 544 - John Scott Laird
Bagley-Keene Open Meeting Act: teleconferencing.
09/15/2023 - Enrolled and presented to the Governor at 3 p.m.
SB 544, as amended, Laird. Bagley-Keene Open Meeting Act: teleconferencing. Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act authorizes meetings through teleconference subject to specified requirements, including, among others, that the state body post agendas at all teleconference locations, that each teleconference location be identified in the notice and agenda of the meeting or proceeding, that each teleconference location be accessible to the public, that the agenda provide an opportunity for members of the public to address the state body directly at each teleconference location, and that at least one member of the state body be physically present at the location specified in the notice of the meeting.This bill would enact an additional, alternative set of provisions under which a state body may hold a meeting by teleconference. The bill would require at least one member of the state body to be physically present at each teleconference location, defined for these purposes as a physical location that is accessible to the public and from which members of the public may participate in the meeting. The bill would, under specified circumstances, authorize a member of the state body to participate from a remote location, which would not be required to be accessible to the public and which the bill would prohibit the notice and agenda from disclosing. Specifically, the bill would authorize a member’s remote participation if the other members who are physically present at the same teleconference location constitute a majority of the state body. The bill would also authorize a member’s remote participation if the member has a need related to a disability and notifies the state body, as specified. Under the bill, that member would be counted toward the majority of members required to be physically present at the same teleconference location. The bill would require a member who participates from a remote location to disclose whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with those individuals.This bill would require the members of the state body to visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform unless the appearance would be technologically impracticable, as specified. The bill would require a member who does not appear on camera due to challenges with internet connectivity to announce the reason for their nonappearance when they turn off their camera.This bill would also require the state body to provide a means by which the public may remotely hear audio of the meeting, remotely observe the meeting, remotely address the body, or attend the meeting by providing on the posted agenda a teleconference telephone number, an internet website or other online platform, and a physical address for each teleconference location. The bill would require the telephonic or online means provided to the public to access the meeting to be equivalent to the telephonic or online means provided to a member of the state body participating remotely. The bill would require any notice required by the act to specify the applicable teleconference telephone number, internet website or other online platform, and physical address of each teleconference location, as well as any other information indicating how the public can access the meeting remotely and in person. If the state body allows members of the public to observe and address the meeting telephonically or otherwise electronically, the bill would require the state body to implement and advertise, as prescribed, a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with di
CA SB 545 - Susan Rubio
Juveniles: transfer to court of criminal jurisdiction.
09/12/2023 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
SB 545, as amended, Rubio. Juveniles: transfer to court of criminal jurisdiction. Existing law, as amended by the Public Safety and Rehabilitation Act of 2016, enacted by Proposition 57 at the November 8, 2016, statewide general election, authorizes the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. The act may be amended by a majority vote of the members of each house of the Legislature if the amendments are consistent with and further the intent of the act. Existing law requires the court to find by clear and convincing evidence that the minor is not amenable to rehabilitation when under the jurisdiction of the juvenile court, after consideration of specified criteria, in order to find that the minor should be transferred to a court of criminal jurisdiction, and requires the order reciting the court’s basis for its decision to transfer jurisdiction to include the reasons supporting the court’s finding that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court. Existing law allows the court, in evaluating these criteria, to give weight to any relevant factor.This bill would make consideration of any relevant factor mandatory and would specify additional factors that the juvenile court is required to consider when evaluating the minor’s criminal sophistication when determining whether to transfer a matter to a court of criminal jurisdiction. The bill would require the court to consider evidence offered that indicates that the person against whom the minor is accused of committing an offense trafficked, sexually abused, or sexually battered the minor when considering the circumstances and gravity of the offense alleged in the petition to have been committed by the minor. The bill would require the juvenile court to retain the minor in its custody if the court receives evidence that the person against whom the child is accused of committing the offense trafficked, sexually abused, or sexually battered the minor before the commission of the offense, unless the court finds by clear and convincing evidence that the person had not trafficked, sexually abused, or sexually battered the minor.Existing law authorizes a person whose case was transferred from juvenile court to a court of criminal jurisdiction to file a motion to return the case to juvenile court for disposition under specified circumstances, including, among others, when the person is convicted at trial only of an offense that was not the basis for transfer from juvenile court to the criminal court, as specified.The bill would require a court of criminal jurisdiction to return a case to juvenile court for disposition pursuant to these provisions if the court receives evidence that the person against whom the minor is accused of committing an offense trafficked, sexually abused, or sexually battered the minor prior to, or during commission of the alleged offense, unless the court finds, by clear and convincing evidence, that the person had not trafficked, sexually abused, or sexually battered the minor. By increasing the number of minors that may be retained under the jurisdiction of the juvenile court, thereby increasing the number of minors who are entitled to county-funded rehabilitative services, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified rea
CA SB 551 - Anthony J. Portantino Jr.
Mental health boards.
09/08/2023 - Ordered to inactive file on request of Assembly Member Blanca Rubio.
SB 551, as amended, Portantino. Mental health boards. Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services in every county through locally administered and locally controlled community mental health programs. Existing law requires each community mental health service to have a mental health board, as specified. Existing law encourages counties to appoint members of the community who represent specific groups, including county offices of education and hospitals. Existing law requires a member of the board to abstain from voting on any issue in which the member has a financial interest.This bill would require one member of a mental health board’s membership to be employed by a local educational agency, and at least one member to be an individual who is 25 years of age or younger in counties with a mental health board membership of 5 to 8 members. The bill would require 2 members of the board to be employed by a local educational agency and at least 2 members to be 25 years of age or younger in counties with a mental health board membership of 9 to 15 members. The bill would require at least 2 members of the board to be employed by a local educational agency and at least two members to be 25 years of age or younger in counties with a mental health board membership of 16 or more members. The bill would require counties to give a strong preference to appointing members of the board who have experience providing mental health services to students. The bill would state that the intent of the Legislature is for youth appointments to a mental health board to address or prevent health and mental health disparities or inequities through representation of vulnerable, underserved, and marginalized communities. The bill would also authorize a person to represent more than one membership type on a mental health board. The bill would delete county offices of education from the list of representatives from which counties are encouraged to appoint board members. The bill would prohibit more than 49% of the members of a county’s mental health board from owning or operating an organization or business that financially benefits from a proposed or adopted Mental Health Services Act plan. By placing a new requirement on counties, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA SB 558 - Susan Rubio
Civil actions: childhood sexual abuse.
10/13/2023 - Chaptered by Secretary of State. Chapter 877, Statutes of 2023.
SB 558, Rubio. Civil actions: childhood sexual abuse. Existing law requires that specified actions for recovery of damages suffered as a result of childhood sexual assault, as defined, be commenced within 22 years of the date the plaintiff attains the age of majority or within 5 years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later. Existing law imposes various procedural requirements for such claims.This bill would specify that the time frame for commencing actions for recovery of damages suffered as a result of childhood sexual assault applies only to those instances of childhood sexual assault that occur before January 1, 2024. This bill would also expand the definition of childhood sexual assault to include acts involving a child being depicted in obscene matter, as specified. This bill would allow specified actions for recovery of damages suffered as a result of such an assault that occurs before January 1, 2024 be commenced within 22 years of the date the plaintiff attains the age of majority or within 10 years of the date the plaintiff discovers or reasonably should have discovered the existence of the obscene matter, whichever period expires later. The bill would apply the existing procedural requirements described above to these provisions.
CA SB 58 - Ash Kalra
Controlled substances: decriminalization of certain hallucinogenic substances.
09/13/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 58, Wiener. Controlled substances: decriminalization of certain hallucinogenic substances. (1) Existing law categorizes certain drugs and other substances as controlled substances and prohibits various actions related to those substances, including their manufacture, transportation, sale, possession, and ingestion.This bill would, on and after January 1, 2025, make lawful the possession, preparation, obtaining, or transportation of, specified quantities of psilocybin, psilocyn, dimethyltryptamine (DMT), and mescaline, for personal use, as defined, by and with persons 21 years of age or older. The bill would provide penalties for possession of these substances on school grounds, or possession by, or transferring to, persons under 21 years of age.The bill would require the California Health and Human Services Agency to convene a workgroup to study and make recommendations on the establishment of a framework governing the therapeutic use, including facilitated or supported use, of those substances. The bill would require that workgroup to send a report to the Legislature containing those recommendations on or before January 1, 2025.(2) Existing law prohibits the cultivation, transfer, or transportation, as specified, of any spores or mycelium capable of producing mushrooms or other materials that contain psilocybin or psilocyn.This bill would, on and after January 1, 2025, make lawful the cultivation or transportation of specified quantities of spores or mycelium capable of producing mushrooms or other materials that contain psilocybin or psilocyn for personal use, as defined, by and with persons 21 years of age or older.(3) Existing law prohibits the possession of drug paraphernalia, as defined.This bill would exempt from this prohibition, paraphernalia related, as specified, to these specific substances. The bill would also exempt from the prohibition items used for the testing and analysis of controlled substances.(4) Existing law states the intent of the Legislature that the messages and information provided by various state drug and alcohol programs promote no unlawful use of any drugs or alcohol.This bill would repeal those provisions.(5) By eliminating and changing the elements of existing crimes and creating new offenses, and by requiring new duties of local prosecutors, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(6) This bill would state that its provisions are severable.
CA SB 589 - Marie Alvarado-Gil
Foster youth: disaster aid assistance.
09/01/2023 - September 1 hearing: Held in committee and under submission.
SB 589, as amended, Alvarado-Gil. Foster youth: disaster aid assistance. Existing law generally provides for the placement of foster youth in various placement settings and governs the provision of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed.Existing law requires the State Department of Social Services to ensure that, among other things, emergency response services are coordinated with the implementation of specified program models. Existing law also requires each county to provide the department with a disaster response plan describing how county programs that receive federal assistance for child and family services would respond to a disaster. Existing law also requires the department to review its disaster plan, revise the plan to clarify the role and responsibilities of the state in the event of a disaster, and consult with counties to identify opportunities for collaboration in the event of a disaster.This bill would establish the Child Welfare Disaster Response Program, to be administered by the department. The bill would establish the Child Welfare Disaster Response Account to fund the program. The bill would require, upon appropriation by the Legislature, $2,000,000 to be allocated from the General Fund to the Child Welfare Disaster Response Account for purposes of the program and to support the needs of foster children and youth and their caregivers during a disaster. The bill would require the department to determine eligibility criteria for applicants and would authorize county child welfare departments to apply for funds. The bill would require funds awarded pursuant those provisions to be available to meet the housing, clothing, transportation, and other tangible needs of foster children and youth and their caregivers that occur within 180 days of a local emergency proclamation by a local government or a state of emergency proclamation by the Governor.
CA SB 60 - Thomas J. Umberg
Social media platforms: controlled substances: order to remove.
09/15/2023 - Enrolled and presented to the Governor at 3 p.m.
SB 60, Umberg. Social media platforms: controlled substances: order to remove. Existing law, until January 1, 2028, and subject to specified exceptions, requires a social media platform, as defined, that operates in the state to create and publicly post a policy statement that includes, among other things, the social media platform’s policy on the use of the social media platform to illegally distribute a controlled substance, as defined, and a link to the social media platform’s reporting mechanism for illegal or harmful content or behavior if one exists.Existing law requires a social media platform with 1,000,000 or more discrete monthly users to clearly and conspicuously state whether it has a mechanism for reporting violent posts, as defined, that is available to users and nonusers of the platform. Existing law authorizes a person who is the target of a violent post, or reasonably believes the person is the target of a violent post, to seek an order requiring the social media platform to remove the violent post and any related violent post the court determines shall be removed in the interests of justice, as prescribed.This bill would authorize a person to seek an order requiring a social media platform to remove content that includes an offer to transport, import into this state, sell, furnish, administer, or give away a controlled substance in violation of specified law, as prescribed.
CA SB 603 - Susan Rubio
Children’s advocacy centers: recordings.
09/11/2023 - Enrolled and presented to the Governor at 3 p.m.
SB 603, Rubio. Children’s advocacy centers: recordings. Existing law authorizes a county to use a children’s advocacy center to implement a coordinated multidisciplinary response, as specified, to investigate reports involving child physical or sexual abuse, exploitation, or maltreatment. Existing law requires a county that utilizes a child advocacy center for these purposes to meet specified standards, including, among other things, that the children’s advocacy center must verify that interviews conducted in the course of investigations are conducted in a forensically sound manner and occur in a child-focused setting designed to provide a safe, comfortable, and dedicated place for children and families.This bill would require the children’s advocacy center or other identified multidisciplinary team member custodian to ensure that all recordings of child forensic interviews be released only in response to a court order. The bill would require the court to issue a protective order as part of the release, unless the court finds good cause that disclosure of the interview should not be subject to such an order. Notwithstanding that provision, the bill would require the children’s advocacy center or other identified multidisciplinary team member custodian to release a recording, upon request, to specified parties, including, among others, law enforcement agencies authorized to investigate child abuse. The bill would authorize the child advocacy center to use the recording for training, among other things. The bill would also prohibit the recording from becoming a public record in any legal proceeding, and would require the court to order the recording be sealed and preserved at the conclusion of a criminal proceeding.Existing law requires a multidisciplinary team associated with the children’s advocacy center to consist of a representative of the children’s advocacy center and at least one representative from specified disciplines, including, among others, child protective services.This bill would include, in the case of an Indian child, a representative from the child’s tribe, including, but not limited to, a tribal social worker, tribal social services director, or tribal mental health professional, as part of the multidisciplinary team.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
CA SB 623 - Henry I. Stern
Workers’ compensation: post-traumatic stress disorder.
09/12/2023 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
SB 623, as amended, Laird. Workers’ compensation: post-traumatic stress disorder. Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law provides, until January 1, 2025, that, for certain state and local firefighting personnel and peace officers, the term “injury” includes post-traumatic stress that develops or manifests during a period in which the injured person is in the service of the department or unit and creates a disputable presumption that the injury arises out of and comes in the course of employment. Existing law requires the compensation awarded pursuant to this provision to include full hospital, surgical, medical treatment, disability indemnity, and death benefits.This bill would instead repeal that provision on January 1, 2029, and would require the Commission on Health and Safety and Workers’ Compensation to submit reports to the Legislature analyzing the effectiveness of the presumption and a review of claims filed by specified types of employees, not included in the presumption, such as public safety dispatchers, as defined.
CA SB 628 - Melissa Hurtado
State Healthy Food Access Policy.
10/13/2023 - Chaptered by Secretary of State. Chapter 879, Statutes of 2023.
SB 628, Hurtado. State Healthy Food Access Policy. Existing law establishes various food assistance programs, including, among others, the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. This bill would declare that it is the established policy of the state that every human being has the right to access sufficient affordable and healthy food. The bill would require all relevant state agencies to consider this state policy when revising, adopting, or establishing policies, regulations, and grant criteria when those policies, regulations, and grant criteria are pertinent to the distribution of sufficient affordable food.
CA SB 63 - Rosilicie Ochoa Bogh
Homeless and Mental Health Court and Transitioning Home Grant Programs.
05/18/2023 - May 18 hearing: Held in committee and under submission.
SB 63, as introduced, Ochoa Bogh. Homeless and Mental Health Court and Transitioning Home Grant Programs. Existing law establishes the Board of State and Community Corrections. Existing law charges the board with providing the statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system.Under existing law, the board administers several grant programs, including a mentally ill offender crime reduction grant program, a medication-assisted treatment grant program, and a violence intervention and prevention grant program.This bill would establish two new grant programs until January 1, 2028: the Homeless and Mental Health Court Grant Program that would, subject to an appropriation by the Legislature, be administered by the Judicial Council and provide grants to counties for the purpose of establishing or expanding homeless courts and mental health courts, as specified; and the Transitioning Home Grant Program that would, subject to an appropriation by the Legislature, be administered by the board and provide grants to county sheriffs and jail administrators to fund programs aimed at reducing homelessness among inmates released from custody, as specified.The bill would require the board and council to prepare and submit reports to the Legislature, as specified, regarding the impacts of the grant program under their jurisdiction.
CA SB 641 - Richard Dale Roth
Public health: alcohol and drug programs: naloxone.
09/21/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 641, Roth. Public health: alcohol and drug programs: naloxone. Existing law establishes the State Department of Health Care Services within the California Health and Human Services Agency. Existing law sets forth the department’s powers and duties, including receiving federal funds payable directly to the state by the Substance Abuse and Mental Health Services Administration to implement programs that provide services to alleviate the problems related to alcohol and other drug use. The Naloxone Distribution Project (NDP) is administratively created by the department to reduce opioid-related overdose deaths.This bill would require the department, as part of the NDP, to make all United States Food and Drug Administration-approved formulations and dosage strengths of naloxone or any other opioid antagonist that are indicated for the emergency treatment of known or suspected opioid overdose available through the NDP, as specified. The bill would make legislative findings and declarations.
CA SB 65 - Rosilicie Ochoa Bogh
Behavioral Health Continuum Infrastructure Program.
01/05/2023 - From printer. May be acted upon on or after February 4.
SB 65, as introduced, Ochoa Bogh.
Behavioral Health Continuum Infrastructure Program.
Existing law authorizes the State Department of Health Care Services to, subject to an appropriation, establish a Behavioral Health Continuum Infrastructure Program. Existing law authorizes the department, pursuant to this program, to award competitive grants to qualified entities to construct, acquire, and rehabilitate real estate assets or to invest in needed mobile crisis infrastructure to expand the community continuum of behavioral health treatment resources to build or expand the capacity of various treatment and rehabilitation options for persons with behavioral health disorders, as specified.This bill would authorize the department, in awarding the above-described grants, to give preference to qualified entities that are intending to place their projects in specified facilities or properties. The bill would appropriate $1,000,000,000 from
the General Fund to the department for the purpose of implementing the Behavioral Health Continuum Infrastructure Program, for encumbrance during the 2023–24 to 2025–26, inclusive, fiscal years.
CA SB 655 - Maria Elena Durazo
Victim compensation.
05/18/2023 - May 18 hearing: Held in committee and under submission.
SB 655, as introduced, Durazo. Victim compensation. Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, which is continuously appropriated to the California Victim Compensation Board. Existing law defines terms for the purpose of determining the eligibility of victims of crime for compensation from the Restitution Fund.This bill would make changes to the definition of “derivative victim” and “victim” and would define “victim of violent crime advocate” for purposes of these provisions.Existing law requires an application for compensation to be filed with the board in a manner determined by the board, authorizes the board to require submission of additional information, and requires the board to communicate any determination made with respect to the adequacy of the information received from the applicant, as specified. Existing law also requires the board to verify information with various entities, including hospitals and law enforcement officials, as specified. Existing law also creates a process for the board’s verification of information, including by requiring the applicant to cooperate with the board, as specified.This bill would prohibit the board from requiring submission of additional information solely to verify that a crime occurred, as specified. The bill would also change how the board must communicate with the applicant about the adequacy of the information received from the applicant. The bill would also authorize the board to verify information, but not require the board to do so, and would prohibit the board from seeking or requiring additional information solely to verify that the crime occurred if the board has already received a valid form of verification, as specified. The bill would remove the requirement that an applicant cooperate with the board, and change the verification procedure in various ways, as specified. The bill would also require the board to accept certain information as evidence to verify that a crime occurred, as specified.Existing law specifies how an emergency award may be made to a person eligible for compensation from the board.This bill would establish a presumption of substantial hardship for emergency award requests for relocation or funeral and burial expenses, as specified.Existing law authorizes the board to deny an application based on the nature of the victim’s or other applicant’s involvement in the events leading up to the crime, as specified, and requires the board to deny an application for compensation if it finds that the victim or derivative victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. Existing law also prohibits a person who is convicted of a violent felony to receive compensation, as specified.This bill would delete those provisions.Existing law authorizes the board to compensate for pecuniary loss, including a cash payment or reimbursement to a victim for expenses incurred in relocating, subject to specified conditions. This bill would change those conditions for cash payment or reimbursement of relocation expenses, and would authorize a derivative victim to receive this cash payment or reimbursement, as specified. By expanding eligibility for compensation from a continuously appropriated fund, this bill would make an appropriation.Existing law authorizes the board to establish service limitations for reimbursement of medical and medical-related services and for mental health and counseling services. Existing law authorizes the board to request an independent examination and report from any provider of medical or medical-related services or psychological or psychiatric treatment or mental health counseling services, if it believes there is a reasonable basis for requesting an additional evaluation, as specified.This bill would remove the board’
CA SB 67 - Dennis Kelly Seyarto
Controlled substances: overdose reporting.
10/13/2023 - Chaptered by Secretary of State. Chapter 859, Statutes of 2023.
SB 67, Seyarto. Controlled substances: overdose reporting. Existing law requires the coroner to inquire into and determine the manner, circumstances, and cause of all violent, sudden, or unusual deaths. Existing law authorizes a county board of supervisors, by ordinance, to abolish the office of coroner and provide instead for the office of medical examiner, to be appointed by the board and to exercise the powers and perform the duties of the coroner.This bill would require a coroner or medical examiner who evaluates an individual who died, in the coroner or medical examiner’s expert opinion, as the result of an overdose to report the data gathered pursuant to the bill to the Overdose Detection Mapping Application Program managed by the Washington/Baltimore High Intensity Drug Trafficking Area program. By imposing new duties on coroners and medical examiners, this bill would impose a state-mandated local program.The bill would exempt a coroner or medical examiner from civil or criminal liability for making a report in good faith.The California Constitution provides for the Right to Truth-in-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.This bill would prohibit overdose information reported by a coroner or medical examiner from being used in a criminal investigation or prosecution, thereby requiring a 2/3 vote.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA SB 673 - Steven Craig Bradford
Emergency notification: Ebony Alert: missing Black youth.
09/21/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 673, Bradford. Emergency notification: Ebony Alert: missing Black youth. The California Emergency Services Act, among other things, establishes the Office of Emergency Services for the purpose of mitigating the effects of natural, man-made, or war-caused emergencies and makes findings and declarations relating to ensuring that preparation within the state will be adequate to deal with those emergencies. Existing law authorizes a law enforcement agency to request the Department of California Highway Patrol to activate the Emergency Alert System within the appropriate area if that agency determines that a child 17 years of age or younger, or an individual with a proven mental or physical disability, has been abducted and is in imminent danger of serious bodily injury or death, and there is information available that, if disseminated to the general public, could assist in the safe recovery of that person. Existing law also authorizes the issuance and coordination of a “Silver Alert” relating to a person who is 65 years of age or older, developmentally disabled, or cognitively impaired who is reported missing, and a “Feather Alert” relating to an endangered indigenous person who has been reported missing under unexplained or suspicious circumstances.This bill would authorize a law enforcement agency to request the Department of the California Highway Patrol to activate an “Ebony Alert,” with respect to Black youth, including young women and girls, who are reported missing under unexplained or suspicious circumstances, at risk, developmentally disabled, or cognitively impaired, or who have been abducted. The bill would authorize the department to activate an Ebony Alert within the appropriate geographical area requested by the investigating law enforcement agency and to assist the agency by disseminating specified alert messages and signs, if the department concurs with the agency that an Ebony Alert would be an effective tool in the investigation of a missing person according to specified factors. The bill would also make related legislative findings and declarations.
CA SB 717 - Henry I. Stern
County mental health services.
10/13/2023 - Chaptered by Secretary of State. Chapter 883, Statutes of 2023.
SB 717, Stern. County mental health services. Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. If a defendant who has been charged with a misdemeanor has been determined to be mentally incompetent, existing law authorizes the court to either grant diversion for a period of one year, refer the defendant to treatment, or dismiss the charge.Existing law, the Bronzan-McCorquodale Act, governs the organization and financing of community mental health services for persons with mental disorders in every county through locally administered and locally controlled community mental health programs.This bill would require the court to notify an individual of their ongoing need for mental health services if the individual has been found incompetent to stand trial and is not receiving court directed services. The bill would require the court to provide the individual with specified information, including the name, address, and telephone number of the county behavioral health department.
CA SB 72 - Nancy Skinner
Budget Act of 2023.
01/11/2023 - From printer.
SB 72, as introduced, Skinner.
Budget Act of 2023.
This bill would make appropriations for the support of state government for the 2023–24 fiscal year.This bill would declare that it is to take effect immediately as a Budget Bill.
CA SB 73 - Dennis Kelly Seyarto
Employment policy: voluntary veterans’ preference.
06/21/2023 - From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (June 20). Re-referred to Com. on JUD.
SB 73, as amended, Seyarto. Employment policy: voluntary veterans’ preference. Under existing law, the California Fair Employment and Housing Act (FEHA), it is an unlawful employment practice for an employer, unless based upon a bona fide occupational qualification or applicable security regulations established by the United States or the State of California, to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment, or to bar or discharge a person from employment or a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of that person. FEHA provides that nothing in that act relating to discrimination on account of sex affects the right of an employer to use veteran status as a factor in employee selection or to give special consideration to Vietnam-era veterans. FEHA is enforced by the Civil Rights Department, which is in the Business, Consumer Services, and Housing Agency, and is under the direction of an executive officer known as the Director of Civil Rights.This bill would enact the Voluntary Veterans’ Preference Employment Policy Act to authorize a private employer to establish and maintain a written veterans’ preference employment policy, to be applied uniformly to hiring decisions, to give a voluntary preference for hiring a veteran over another qualified applicant. The bill would require a private employer with a veterans’ preference employment policy to annually report to the Civil Rights Department the number of veterans hired under the preference policy and any demographic information about those veterans that the employer obtained in response to the department’s reporting requirements. Under the bill, failure to submit that report would render any preference granted by the employer ineligible for the protections provided by this bill. The bill would require the department to report that information, in addition to the number of discrimination claims received based on an employer’s veterans’ preference employment policy, to specified legislative policy committees by July 1, 2026, and July 1, 2028. This bill would provide that the granting of a veterans’ preference pursuant to the bill, in and of itself, shall be deemed not to violate any local or state equal employment opportunity law or regulation, including, but not limited to, the antidiscrimination provisions of FEHA. The bill would require the Department of Veterans Affairs to assist any private employer in determining if an applicant is a veteran, to the extent permitted by law. The bill would prohibit a veterans’ preference employment policy from being established or applied for the purpose or with the effect of unlawfully discriminating against an employment applicant on the basis of a protected classification, as specified. The bill would repeal these provisions on January 1, 2029.
CA SB 730 - Rosilicie Ochoa Bogh
Home care aides.
05/12/2023 - Set for hearing May 18.
SB 730, as amended, Ochoa Bogh. Home care aides. Existing law, the Home Care Services Consumer Protection Act, provides for the licensure and regulation of home care organizations by the State Department of Social Services and for the registration of home care aides. Existing law authorizes a registered home care aide to provide certain home care services and assistance to a client, including assisting with medication that the client self-administers.This bill would authorize a registered home care aide to read the client’s blood pressure and body temperature, as specified. The bill would specify that authorized home care services include taking a reading of the client’s digital blood pressure, body temperature, or oxygen level from a device provided by the client and reporting the reading to the client’s nurse, doctor, or family representative and assisting the client with emptying their colostomy bag, catheter bag, or urostomy bag. The bill would clarify that a home care aide may assist with medication that the client self-administers by opening the container, filling the medication pill box organizer, ensuring that the client is aware of the written medication instructions, and assisting the client in the application of topical medication, as specified.
CA SB 731 - Angelique Ashby
Employment discrimination: unlawful practices: work from home: disability.
09/13/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 731, Ashby. Employment discrimination: unlawful practices: work from home: disability. Existing law, the California Fair Employment and Housing Act (FEHA), protects the right to seek, obtain, and hold employment without discrimination because of prescribed characteristics. FEHA makes various employment practices unlawful and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices. FEHA makes it an unlawful practice for an employer or other entity to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. FEHA further makes it an unlawful practice for an employer or other entity to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition.This bill would make it an unlawful employment practice for an employer to fail to provide to an employee who is working from home at least 30 calendar days’ advance notice before requiring the employee to return to work in person. The bill would prohibit an employee from being required to return to work in person until the employer provides notice in accordance with the bill. The bill would require that notice be written and sent by mail or email and include, at a minimum, prescribed text with information about the rights of an employee to reasonable accommodation for a disability. The bill would establish specified restrictions on the interpretation of its provisions.
CA SB 766 - Susan Talamantes Eggman
Social workers.
05/18/2023 - May 18 hearing: Held in committee and under submission.
SB 766, as amended, Eggman. Social workers. Existing law, the Clinical Social Worker Practice Act, provides for the regulation of licensed clinical social workers. That law makes an individual who styles themselves as a licensed clinical social worker, without holding a license in good standing, guilty of a misdemeanor. Existing law exempts an individual employed by a government entity, certain academic institutions, an institution that is both nonprofit and charitable, and other specified individuals from that prohibition.This bill would prohibit an individual from representing themselves as a social worker, unless they possess certain academic qualifications. The bill would apply that prohibition to an individual employed by a governmental entity, certain academic institutions, an institution that is both nonprofit and charitable, and other individuals. The bill would also prohibit an employer or principal from representing their employee or agent as a social worker unless the employee or agent possesses certain academic qualifications. The bill would state that, prior to January 1, 2029, these provisions do not apply to an individual that is classified as a social worker by their employer or principal if the individual held that classification prior to January 1, 2024. The bill would make a violation of these provisions an unfair business practice as well as a misdemeanor. By making a violation of these provisions a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA SB 773 - Steven M. Glazer
CalWORKs: homeless assistance.
09/15/2023 - Enrolled and presented to the Governor at 3 p.m.
SB 773, Glazer. CalWORKs: homeless assistance. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing law provides for homeless assistance to a homeless family seeking shelter when the family is eligible for CalWORKs aid, including a nonrecurring special needs benefit of $85 a day to families of up to 4 members for the costs of temporary shelter, and a nonrecurring special needs benefit for permanent housing assistance to pay for last month’s rent and security deposits if these payments are conditions of securing a residence, or to pay for up to 2 months of rent arrearages, if these payments are a reasonable condition of preventing eviction. Existing law prohibits the last month’s rent or monthly arrearage portion of the payment from exceeding 80% of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size, and requires it be made to families that have found permanent housing costing no more than 80% of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.This bill, beginning January 1, 2025, or when specified automation processes are available, and for purposes of determining the family’s total monthly household income for the permanent housing assistance, would require the county human services agency to include any amount that is regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing. The bill, beginning January 1, 2025, or when specified automation processes are available, upon application for temporary or permanent homeless assistance, would require the county to refer the assistance unit to any other homeless assistance services provided under the CalWORKs program and would authorize the county to give priority to the assistance unit for those services. The bill would also require the department to, on or before January 1, 2025, and among other things, collect specified statewide data relating to the provision of these homeless assistance benefits, and establish a statewide stakeholder advisory group, or modify the responsibilities of an existing advisory group, to develop specified recommendations relating to these homeless assistance benefits. By imposing additional duties on counties, the bill would impose a state-mandated local program.Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.This bill would instead provide that the continuous appropriation would not be made for purposes of implementing these provisions.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
CA SB 805 - Anthony J. Portantino Jr.
Health care coverage: pervasive developmental disorders or autism.
09/12/2023 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
SB 805, as amended, Portantino. Health care coverage: pervasive developmental disorders or autism. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan contract or a health insurance policy to provide coverage for behavioral health treatment for pervasive developmental disorder or autism, and defines “behavioral health treatment” to mean specified services and treatment programs, including treatment provided pursuant to a treatment plan that is prescribed by a qualified autism service provider and administered either by a qualified autism service provider or by a qualified autism service professional or qualified autism service paraprofessional who is supervised as specified. Existing law defines a “qualified autism service professional” to refer to a person who meets specified educational, training, and other requirements and is supervised and employed by a qualified autism service provider. Existing law defines a “qualified autism service paraprofessional” to mean an unlicensed and uncertified individual who meets specified educational, training, and other criteria, is supervised by a qualified autism service provider or a qualified autism service professional, and is employed by the qualified autism service provider.This bill would expand the criteria for a qualified autism service professional to include a psychological associate, an associate marriage and family therapist, an associate clinical social worker, or an associate professional clinical counselor, as specified. The bill would require those positions to meet the criteria for a Behavioral Health Professional, as provided.Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law defines developmental disability for these purposes to include, among other things, autism. This bill would require the department to adopt regulations, on or before July 1, 2026, to address the use of Behavioral Health Professionals and Behavioral Health Paraprofessionals in behavioral health treatment group practice. The bill would require the department to establish rates and the educational or experiential qualifications and professional supervision requirements necessary for these positions to provide behavioral intervention services, as specified.Because a willful violation of the bill’s provisions by a health care service plan would be a crime, it would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA SB 809 - Aisha Wahab
California Fair Employment and Housing Act: Fair Chance Act: conviction history.
05/18/2023 - May 18 hearing: Held in committee and under submission.
SB 809, as amended, Smallwood-Cuevas. California Fair Employment and Housing Act: Fair Chance Act: conviction history. Existing law, the Investigative Consumer Reporting Agencies Act, prohibits certain persons, including a person intending to use an investigative consumer report for employment purposes, from procuring or causing to be prepared the report unless certain conditions are met. Under that act, one of those conditions require the person procuring or causing the report to be made to provide a clear and conspicuous disclosure in writing to the consumer, at any time before the report is procured or caused to be made and in a document that consists solely of the disclosure, certain information.This bill would require that information to also include either all laws and regulations that impose restrictions or prohibitions for employment on the basis of a conviction, if any, or all the specific job duties of the position for which a conviction may have a direct and adverse relationship that has the potential to result in an adverse employment action, as described.Existing law, the California Fair Employment and Housing Act (FEHA), prohibits an employer from engaging in various defined forms of discriminatory employment practices, including with respect to denial of applicants because of their criminal history (existing criminal history discrimination provisions). Existing law provides it is an unlawful employment practice under FEHA for an employer with 5 or more employees to, among other things, include on any application for employment any question that seeks the disclosure of an applicant’s conviction history, to inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer, and, when conducting a conviction history background check, to consider, distribute, or disseminate information related to specified prior arrests, diversions, and convictions. Existing law requires an employer who intends to deny an applicant a position of employment solely or in part because of the applicant’s conviction history to make an individualized assessment of whether the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job, and to consider certain topics when making that assessment, as described.This bill would enact the Fair Chance Act, which would revise, recast, and expand the above-described unlawful employment practices, individualized assessments, and associated remedies, as provided. The bill, among other things, would make it an unlawful employment practice to take adverse action against an employee or discriminate against an employee on the basis of their preemployment arrest or conviction history, except as provided, or to end an interview, reject an application, or otherwise terminate the employment, transfer, or promotion application process based on conviction history information provided by the applicant or learned from any other source, until after the employer, as defined, has made a conditional offer of employment, transfer, or promotion to the applicant. The bill would require an employer to post clear and conspicuous notice informing applicants and employees of certain information, including the act, as described.This bill would require an employer to retain specified records relating to an applicant’s employment, transfer, or promotion applications and the individualized assessments and would require employers to provide or provide access to the records and documents to the Civil Rights Department in any administrative enforcement proceeding, as provided, or to the applicant. The bill would provide that any record or document retained or received by a local agency employer or the department is confidential and not subject to disclosure under the California Public Records Act, except as specified. By imposing additional prohibitions on local agencies, the bill would impose a state-mandated local program.This bill
CA SB 81 - Josh Becker
Parole hearings.
09/21/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 81, Skinner. Parole hearings. Existing law requires the Board of Parole Hearings, among other responsibilities, to conduct parole suitability hearings and determine whether an inmate is suitable for parole. Existing law allows an unlawfully imprisoned person to prosecute a writ of habeas corpus to inquire into the cause of the imprisonment.This bill would require the Board of Parole Hearings to notify a parole candidate who has been denied parole of their right to petition the court for habeas relief, as specified. The bill would authorize the court to, upon request, appoint counsel to a parole candidate who has reached their minimum eligible parole date who petitions the court for habeas relief after being denied parole. The bill would establish that a parole candidate who has reached their minimum eligible parole date has made a case for relief that should be accepted as correct unless proved otherwise and that the reviewing court may not deny a petition based on that fact without a hearing. The bill would require a court reviewing a petition for habeas relief based on a parole denial to uphold a decision to deny parole only if the court finds, by a preponderance of the evidence, that the person presents a current, unreasonable risk of danger to others, as specified.
CA SB 815 - Marc Berman
Healing arts.
09/21/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 815, Roth. Healing arts. (1) Existing law governs professions and vocations that are regulated by various boards within the Department of Consumer Affairs, including the Medical Board of California and the Dental Board of California. Existing law requires those boards to require a licensee, at the time of issuance of a license, to provide specified federal taxpayer information, including the applicant’s social security number or individual taxpayer identification number. Existing law prohibits a licensing board from processing an application for an initial license unless the applicant provides that information where requested on the application.Existing law, the Licensed Physicians and Dentists from Mexico Pilot Program, allows licensed physicians and dentists from Mexico to be issued a license by the Medical Board of California or a permit by the Dental Board of California to practice medicine or dentistry in California for a period not to exceed 3 years and establishes requirements for the participants in the program, as specified.This bill, for purposes of the pilot program, notwithstanding the above-described requirements to provide specified federal taxpayer information, would require the Medical Board of California (board) to issue a 3-year nonrenewable license to an applicant who has not provided an individual taxpayer identification number or social security number if the applicant meets specified conditions. The bill would require the applicant to immediately seek an appropriate 3-year visa and social security number from the federal government within 14 days of being issued the medical license and immediately provide the board with their social security number within 10 days of issuance of that card by the federal government. The bill would prohibit the applicant from engaging in the practice of medicine until the board determines that these conditions have been met. The bill would require the board to notify the applicant of their eligibility to practice medicine if the board determines the applicant has met these conditions. The bill would permit the board to extend the 3-year nonrenewable license period, as specified. The bill would require, for a licensee to be eligible for an extension, certain documents to be submitted to the board no later than January 30, 2024, including a declaration signed by the licensee under penalty of perjury that the licensee meets the requirements for an extension. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would prohibit an extension from extending the license period beyond September 30, 2026, and would make an extension dependent upon the program having sufficient funding appropriated in the annual Budget Act.(2) Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs for the licensure, regulation, and discipline of physicians and surgeons. Under existing law, the board consists of 15 members, 7 of whom are public members. Existing law requires the Senate Committee on Rules and the Speaker of the Assembly to each appoint one public member. Existing law repeals these provisions on January 1, 2024.This bill would extend that date to January 1, 2028.(3) Existing law requires members of the Medical Board of California to only be appointed from persons who have been citizens of this state for at least 5 years next preceding their appointment.This bill would instead require members of the board to only be appointed from persons who have been residents of this state for at least the 5-year period preceding their appointment. The bill would also make conforming changes.(4) Existing law requires legal proceedings against the Medical Board of California to be instituted in the City of Sacramento, Los Angeles, San Diego, or San Francisco.This bill would make a technical, nonsubstantive change to these provisions. (5) Existing law authorizes the Medical Board of Califo
CA SB 824 - Angelique Ashby
Foster care.
07/12/2023 - July 12 set for first hearing. Placed on APPR. suspense file.
SB 824, as amended, Ashby. Foster care. (1) Existing law subjects foster care provider applicants, resource family applicants, and certain other adults in those homes, to a criminal records check and requires the applicant or other adult in the applicant’s home to obtain a criminal record clearance or criminal record exemption prior to licensure or approval. Existing law prohibits the State Department of Social Services or other approving entity from granting a criminal records exemption, except as specified, to an applicant or other adult in the applicant’s home who has been convicted of certain felonies. Existing law authorizes the State Department of Social Services or other approving entity, for the purpose of the resource family approval process described below, to grant an exemption from disqualification for the conviction of a felony for which a criminal record exemption cannot be granted if the applicant is a relative seeking placement of a specific relative child or children, the applicant or other adult living in the home is of present good character necessary to justify granting the exemption, and the applicant or other adult living in the home has not been convicted of certain felonies within the last 5 years.This bill would, among other things, additionally authorize the department, or other approving entity, to grant an exemption under those circumstances to a nonrelative extended family member or an extended family member.(2) Existing law authorizes the court to order temporary placement of the child in the home of a relative, extended family member, or nonrelative extended family member, and requires the court to consider the results of a criminal records check, among other things, before ordering that placement. Existing law also authorizes the placement of a child on an emergency basis in the home of a relative or nonrelative extended family member, and requires the relative or nonrelative extended family member to submit an application for approval as a resource family after the emergency placement. Existing law authorizes the court to place a child after an order of removal, or on a temporary or emergency basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval if the court finds that the placement does not pose a risk to the health and safety of the child.This bill would also authorize the court to place a child after an order of removal, or on a temporary or emergency basis, in the home of a nonrelative extended family member or an extended family member, regardless of the status of any criminal record exemption or resource family approval or tribally approved home approval if the court finds that the placement does not pose a risk to the health and safety of the child.(3) Existing law establishes the state-funded Kinship Guardianship Assistance Payment Program (Kin-GAP), which provides aid on behalf of eligible children who are placed in the home of a relative guardian. Existing law requires aid in the form of state-funded Kin-GAP to be provided on behalf of any child under 18 years of age and to any eligible youth under 19 years of age who has had a kinship guardianship established, as described above, and who meets other requirements, including that the child or youth has been adjudicated a dependent child or ward of the juvenile court, has been residing for at least 6 consecutive months in the approved home of the prospective relative guardian, and has had the dependency jurisdiction or wardship terminated, as specified.This bill would also make eligible for state-funded Kin-GAP a child who was subject to an order for placement with a relative regardless of the status of any criminal record exemption or resource family approval or tribally approved home approval, as specified.(4) Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers
CA SB 832 - Brian W. Jones
Sexually violent predators.
04/11/2023 - April 11 set for first hearing. Failed passage in committee. (Ayes 1. Noes 2.) Reconsideration granted.
SB 832, as introduced, Jones. Sexually violent predators. Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. Existing law establishes a procedure by which a person committed as a sexually violent predator may petition for conditional release and requires the court, if it makes a specified determination, to place the person on conditional release. Existing law generally requires that a person released on conditional release pursuant to these provisions be placed in the person’s county of domicile prior to their incarceration unless extraordinary circumstances exist requiring placement outside the county, as specified. Existing law also prohibits the placement of a person released on conditional release within 1/4 mile of any public or private school, as specified.This bill would prohibit the placement of a person released on conditional release within 5 miles of federal land, as defined.Existing law defines a sexually violent predator as a person who has been convicted of a sexually violent offense and has a diagnosed mental disorder that makes the person a danger to others in that they are likely to engage in sexually violent criminal behavior. Existing law requires the State Department of State Hospitals to notify the sheriff or chief of police, or both, the district attorney, or the county’s designated counsel under specific circumstances, including when it makes a recommendation to the court for community outpatient treatment for a person committed as a sexually violent predator.This bill, the Sexually Violent Predator Accountability, Fairness, and Enforcement Act, would require the State Department of State Hospitals to take specified actions regarding the placement of sexually violent predators in communities, including notifying the county’s executive officer of the placement location, as specified, and preparing an annual report on, among other things, the number and location of sexually violent predators under department supervision. The bill would require the State Department of State Hospitals, the Department of Corrections and Rehabilitation, and the Department of Forestry and Fire Protection to report to the Governor and the Legislature the status of quarters available for placement of sexually violent predators, as specified.This bill would declare that it is to take effect immediately as an urgency statute.
CA SB 838 - Caroline Menjivar
Victim compensation: use of force by a law enforcement officer.
05/12/2023 - Set for hearing May 18.
SB 838, as introduced, Menjivar. Victim compensation: use of force by a law enforcement officer. Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law defines various terms for purposes of these provisions, including “crime,” which includes any public offense wherever it may take place that would constitute a misdemeanor or felony.This bill would revise the definition of “crime” to include, solely for the purposes of eligibility for compensation under this chapter, an incident occurring on or after January 1, 2024, in which an individual sustains serious bodily injury, as defined, or death as a result of a law enforcement officer’s use of force, regardless of whether the law enforcement officer is arrested for, charged with, or convicted of committing a crime. The bill would define “law enforcement officer” for these purposes. By expanding the types of incidents for which compensation can be paid from a continuously appropriated fund, the bill would make an appropriation.Existing law requires that a person be ineligible for compensation under specified conditions, including, among other things, if the board determines that denial of the claim for compensation is appropriate because of the nature of the victim’s involvement in the events leading to the crime or the involvement of the person whose injury or death gives rise to the application. Existing law requires the board to deny an application if it finds that the victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of the person committing the crime.This bill, in the case of a claim based on a victim’s serious bodily injury or death that resulted from a law enforcement officer’s use of force, as described above, would prohibit the board from denying an application based on certain circumstances, including the victim’s or other applicant’s involvement in the crime, except as specified, the victim’s failure to cooperate, or the contents of a police report, or the lack thereof. The bill, in the case of a claim based on a victim’s serious bodily injury or death as a result of a crime, would require the board to adopt guidelines that allow the board to rely on evidence other than a police report, as specified.Existing law requires that the board be subrogated to the rights of the recipient to the extent of any compensation granted by the board.This bill would specify that the above-described subrogation of the board applies to compensation by the board for any claim, including a claim based on serious bodily injury or death that resulted from a law enforcement officer’s use of force.
CA SB 852 - Susan Rubio
Searches: supervised persons.
09/11/2023 - Enrolled and presented to the Governor at 3 p.m.
SB 852, Rubio. Searches: supervised persons. Existing law authorizes courts to suspend the imposition or execution of punishments in specified criminal cases and instead enforce terms of probation or mandatory supervision. Existing law authorizes the conditions of probation or mandatory supervision to include a waiver of the person’s right to refuse searches.This bill would clarify that a search of a person who is granted probation or mandatory supervision and subject to search or seizure must be performed only by a probation officer or other peace officer.Existing law requires persons released pursuant to specified provisions, including home detention programs and electronic monitoring programs, to admit any person or agent designated by the correctional administrator into the participant’s residence at any time for purposes of verifying the participant’s compliance with the conditions of the detention.This bill would clarify that the person designated by the correctional administrator must be a probation officer or other peace officer.This bill would incorporate additional changes to Section 1170 of the Penal Code proposed by AB 1104 to be operative only if this bill and AB 1104 are enacted and this bill is enacted last.
CA SB 857 - John Scott Laird
Advisory task force: LGBTQ+ pupil needs.
09/21/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 857, Laird. Advisory task force: LGBTQ+ pupil needs. Existing law requires the State Department of Education to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, and strategies to increase support for LGBTQ pupils and thereby improve overall school climate. Existing law requires those resources to be designed for use in schools operated by a school district or county office of education and charter schools serving pupils in grades 7 to 12, inclusive.This bill would require the Superintendent of Public Instruction, on or before July 1, 2024, to convene an advisory task force to identify the needs of lesbian, gay, bisexual, transgender, queer, questioning, and plus (LGBTQ+) pupils and to make recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ pupil education and well-being, as provided. The bill would require advisory task force members to be selected by the Superintendent, as provided. The bill would require the advisory task force to, on or before January 1, 2026, report their findings and recommendations to the Legislature, the Superintendent, and the Governor.
CA SB 87 - Janet Q. Nguyen
Mental health: involuntary commitment.
03/29/2023 - Re-referred to Com. on JUD.
SB 87, as amended, Nguyen. Mental health: involuntary commitment. Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services. Existing law provides that a conservator of the person, of the estate, or of the person and the estate may be appointed for a person who is gravely disabled due to a mental health disorder or impairment by chronic alcoholism. Existing law authorizes that a person for whom conservatorship is sought has a right to demand a court or jury trial on the issue of whether the individual is gravely disabled. Existing law requires that such a demand must be made within 5 days following the hearing on the conservatorship petition. Existing law requires that the court or jury trial must commence within 10 days of the date of the demand, except the court may continue the trial date for a period not to exceed 15 days upon request of counsel for the proposed conservatee.This bill would extend the period for which a court or jury trial may be continued at the request of counsel for the proposed conservatee from 15 days to 20 days.
CA SB 883 - Senate Public Safety Committee
Public Safety Omnibus.
09/07/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 883, Committee on Public Safety. Public Safety Omnibus. (1) Existing law requires the State Public Defender to undertake a study to assess appropriate workloads for public defenders and indigent defense attorneys and submit a report with their findings and recommendations to the Legislature no later than January 1, 2024.This bill would instead make that report due January 1, 2025.(2) Existing law prohibits the crime of vehicular manslaughter, as defined. Existing law defines “gross negligence” for purposes of these provisions to include an exhibition of speed or participation in a sideshow, as defined.This bill would remove exhibition of speed from this definition and add engaging in a motor vehicle speed contest, as defined.By changing the definition of a crime, this bill would impose a state-mandated local program.(3) Existing law requires law enforcement agencies to provide victims with specified information about victim’s rights and resources. This bill would fix an erroneous cross-reference in these provisions.(4) Existing law prohibits the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified.This bill would fix an erroneous cross-reference in these provisions.(5) Existing law authorizes a defendant to demur on the accusatory pleading at any time prior to the entry of a plea, when, among other things, it appears on the face of the pleading that the facts stated do not constitute a public offense or the pleading contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution.This bill would additionally authorize a defendant to demur if the statutory provision alleged in the accusatory pleading is constitutionally invalid.(6) Under existing law, an incarcerated person who successfully participates as an incarcerated hand crew member in the California Conservation Camp program or in a county incarcerated hand crew, or participates at a Department of Corrections and Rehabilitation institutional firehouse is, upon release, eligible for record expungement, as specified.This bill would specify that participation in an institutional firehouse must also be successful, as specified, to be qualifying. The bill would make other nonsubstantive clarifying changes to this provision.(7) Existing law prohibits a person from being tried for a criminal offense while they are mentally incompetent. Existing law prescribes the procedure for a person found to be mentally incompetent to be restored to competence.This bill would correct erroneous cross-references in these provisions and make other technical corrections.(8) Existing law establishes the Board of Parole Hearings and authorizes the board to conduct parole consideration hearings, parole rescission hearings, and parole progress hearings for adults, among other responsibilities.Existing law generally requires that an inmate released on parole or postrelease community supervision be returned to the county of last legal residence. Existing law authorizes an inmate to be returned to another county or city if it would be in the best interests of the public. Existing law requires the paroling authority, in making that decision, to consider specified factors, including, among others, the need to protect the life or safety of a victim, and the verified existence of a work offer or educational or vocational training program.Existing law requires the Department of Corrections and Rehabilitation, when releasing prisoners on parole who have been convicted of a violent felony, as defined, or certain other felonies, as specified, to notify the law enforcement agency and the district attorney having jurisdiction over the community in which the person was convicted and also the law enforcement agency and district attorney having jurisdiction over the community in which the person is scheduled to be released. Existing law requires the department to provide
CA SB 887 -
Consumer affairs.
09/12/2023 - Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling.
SB 887, as amended, Committee on Business, Professions and Economic Development. Consumer affairs. (1) Existing law requires the Department of Consumer Affairs to compile an annual report for the Legislature containing specified information relating to the professional licensure of veterans, servicemembers, and their spouses from each calendar year.This bill would instead require the report to contain specified information relating to the professional licensure of military members, military spouses, and honorably discharged military members from each fiscal year. The bill would make corrections and other conforming changes to those provisions.(2) Existing law requires the Department of Consumer Affairs to establish procedures to assist owners and lessees of new motor vehicles who have complaints regarding the operation of a qualified third-party dispute resolution process. Existing law further requires the department to monitor and inspect qualified third-party dispute resolution processes to determine whether they continue to meet standards for certification, including, among other things, through onsite inspections of each qualified third-party dispute resolution process no less than twice annually.This bill would also permit those inspections of qualified third-party dispute resolution processes to be conducted virtually.(3) Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing to license and regulate the practice of nursing. Existing law authorizes special meetings of the board pursuant to a call of the president or board members, as provided, and requires the board to send a notice by mail to board members who are not parties to the call. Existing law authorizes the board to issue an interim permit to practice nursing or a temporary certificate to practice professional nursing, or as a certified public health nurse, certified clinical nurse specialist, or certified nurse-midwife, upon approval of an application to be licensed or certified, as specified. Under existing law, the interim permit or temporary certificate terminates if the applicant fails the examination or if it is issued by mistake or the application for permanent licensure is denied, as applicable, upon notice by mail. This bill would instead require the board to send the notice of a special meeting electronically instead of by mail. The bill would delete the notice requirement for terminating an interim permit or temporary certificate. The act requires the board to establish categories of nurse practitioners and standards for each category, and requires the standards to take into account the types of advanced levels of nursing practice and the education needed to practice at each level.This bill would require those standards to be as specified in a certain publication of the National Organization of Nurse Practitioner Faculties, or successor.The act creates within the board a Nursing Education and Workforce Advisory Committee to study and recommend nursing education standards and solutions to workforce issues to the board, and requires one representative from the office of the Chancellor of the California State University to serve on the committee. This bill would specify an initial appointment for a term of 4 years for the representative from the office of the Chancellor of the California State University. This bill would also delete a requirement that the board hold at least 2 examinations each year, would update references to the National Board of Certification and Recertification of Nurse Anesthetists, and would make other technical and nonsubstantive changes to the act. (4) Existing law, the Psychology Licensing Law, establishes the Board of Psychology to license and regulate the practice of psychology. Existing law requires an applicant for licensure to show completion of specified training on suicide risk assessment and intervention and on aging and long-term care by submitting written verification from the registrar or
CA SB 889 - Senate Governance and Finance Committee
California Department of Tax and Fee Administration: earnings withholding orders: settlement agreements: excise taxes.
09/21/2023 - Enrolled and presented to the Governor at 4 p.m.
SB 889, Committee on Governance and Finance. California Department of Tax and Fee Administration: earnings withholding orders: settlement agreements: excise taxes. (1) Existing law, the Wage Garnishment Law, sets forth procedures for the levy of a judgment debtor’s wages when required to enforce a money judgment.This bill, for purposes of the Sales and Use Tax Law, the Use Fuel Tax Law, the Cigarette and Tobacco Products Tax Law, Alcoholic Beverage Tax Law, the Timber Yield Tax Law, the Energy Resources Surcharge Law, the Emergency Telephone Users Surcharge Act, the Hazardous Substances Tax Law, the Integrated Waste Management Fee Law, the Oil Spill Response, Prevention, and Administration Fees Law, the Underground Storage Tank Maintenance, the Diesel Fuel Tax Law, and various taxes and fees collected in accordance with the Fee Collections Procedures Law, would authorize the California Department of Tax and Fee Administration (CDTFA), or the State Board of Equalization (BOE) in the case of the Alcoholic Beverage Tax Law, to serve earnings withholding orders for taxes, fees, or surcharges, as applicable, and any other notice or document required to be served or provided in connection with an earnings withholding order according to the Wage Garnishment Law to government and private employers by electronic transmission or other electronic technology, as provided.(2) The CDTFA administers various taxes, fees, and surcharges in accordance with the Fee Collections Procedures Law, including, among others, the Lead-Acid Battery Recycling Act of 2016, the Electronic Waste Recycling Act of 2003, and the Healthy Outcomes and Prevention Education (HOPE) Act.This bill would specify that a feepayer subject to liability under the Sales and Use Tax Law is also subject to liability for the same periods for taxes, fees, and surcharges administered pursuant to the Fee Collections Procedures Law, as applicable.(3) Existing law authorizes the CDTFA to enter into settlement agreements regarding protests, appeals, or refund claims for certain taxes and fees if it is determined that the settlement amount is consistent with a reasonable evaluation of the costs and risks associated with litigation. Existing law authorizes the executive director or the chief counsel to recommend a settlement and to approve a settlement on the advice of the Attorney General. Existing law requires joint approval from the executive director and chief counsel for settlements involving a reduction of tax or penalties in settlement not exceeding $5,000.This bill would specify that the director, rather than the department, is authorized to make various decisions pertaining to settlements, and would require the approval of only the director. The bill would, instead, require the Attorney General to advise only the chief counsel. The bill would remove the joint approval requirement for settlements involving a reduction of tax and penalties in settlement not exceeding $5,000, leaving approval solely to the discretion of the director, and would increase that $5,000 limitation to $11,500. Commencing July 1, 2029, and every 5th fiscal year thereafter, the bill would require the department to adjust for inflation the $11,500 limitation concerning settlements involving a reduction of tax and penalties by using the California Consumer Price Index, as calculated by the Department of Finance.Under the existing settlement authority, the executive director is required to create a public record of reduction of tax or penalties or total tax and penalties in settlement in excess of $500. Under existing law, the public record is required to include the name or names of the taxpayers who are parties to the settlement, the total amount in dispute, the amount agreed to pursuant to the settlement, a summary of the reasons why the settlement is in the best interests of the State of California, and, for any settlement approved by the department, the Attorney General’s conclusion as to whether the rec
CA SB 9 - Aisha Wahab
Raising the Age for Extended Foster Care Pilot Program Act of 2023.
06/27/2023 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 27). Re-referred to Com. on APPR.
SB 9, as amended, Cortese. Raising the Age for Extended Foster Care Pilot Program Act of 2023. Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances until the dependent child attains 21 years of age. Existing law also authorizes the juvenile court to resume jurisdiction over a nonminor who has attained 18 years of age, but not yet attained 21 years of age, and for whom the court has dismissed dependency, delinquency, or transition jurisdiction.Existing law, the California Fostering Connections to Success Act, revises and expands the scope of various programs relating to the provision of cash assistance and other services to and for the benefit of certain foster and adopted children, and other children who have been placed in out-of-home care, including children who receive Aid to Families with Dependent Children-Foster Care (AFDC-FC), Adoption Assistance Program (AAP), California Work Opportunity and Responsibility to Kids (CalWORKs), and Kinship Guardianship Assistance Payment (Kin-GAP) benefits. Among other provisions, the act extends specified foster care benefits to nonminor dependents up to 21 years of age, if specified conditions are met. Existing law defines a nonminor dependent for these purposes as a foster child who is a current dependent child or ward of the juvenile court, or who is a nonminor under the transition jurisdiction of the juvenile court pursuant to a voluntary reentry agreement, and in accordance with a transitional independent living case plan who has attained 18 years of age while under an order of foster care placement by the juvenile court and is not older than 21 years of age.This bill would, subject to an appropriation by the Legislature in the annual Budget Act or another statute for this purpose, require the State Department of Social Services to administer a 3-year pilot program in at least 3 counties that choose to participate to extend foster care services to nonminor dependents up to 22 years of age if the nonminor dependent is experiencing homelessness or is at reasonable risk of homelessness if they are not under the jurisdiction of the juvenile court. Under the pilot program, the bill would expand the jurisdiction of the juvenile court to include, as a nonminor dependent, a nonminor who is 21 years of age and who was previously under the jurisdiction of the juvenile court if the juvenile court makes a finding on the record by a preponderance of the evidence that the nonminor is experiencing homelessness or is at reasonable risk of homelessness if they are not under the jurisdiction of the juvenile court, among other requirements, would expand the eligibility of foster care by revising the definition of nonminor dependent to include a foster child who meets the above-described requirements and is 21 years of age if the court makes that same finding, and would make these nonminor dependents eligible for benefits under AFDC-FC, CalWORKs, Kin-GAP, and AAP.Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.This bill would provide that the continuous appropriation would not be made for purposes of implementing the bill.
CA SB 91 - Thomas J. Umberg
California Environmental Quality Act: supportive and transitional housing: motel conversion: environmental leadership transit projects.
09/13/2023 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
SB 91, as amended, Umberg. California Environmental Quality Act: supportive and transitional housing: motel conversion: environmental leadership transit projects. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.Existing law, until January 1, 2025, exempts from CEQA projects related to the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing, as defined, that meet certain conditions.This bill would extend indefinitely the above exemption.Existing law, until January 1, 2025, establishes specified procedures for the preparation of the EIR for, and judicial review of the certification of the EIR and approvals granted for, an environmental leadership transit project, as defined, proposed by a public or private entity or its affiliates that is located wholly within the County of Los Angeles or connects to an existing transit project wholly located in that county and that is approved by the lead agency on or before January 1, 2024.This bill would, extend the application of those procedures for environmental leadership transit projects to January 1, 2026, for projects approved on or before January 1, 2025.Because the bill would extend the duties of lead agencies to determine the applicability of the above exemption and to comply with specific procedures for the preparation of the EIR for environmental leadership transit projects, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
CA SB 94 - Josh Becker
Recall and resentencing: special circumstances.
09/07/2023 - Ordered to third reading.
SB 94, as amended, Cortese. Recall and resentencing: special circumstances. Existing law provides for various specified special circumstances, including murder committed for financial gain or committed during the commission or attempted commission of certain felonies, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole. Existing law, added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance that is admitted by plea or found true by a jury or court, as specified. Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice, except if dismissal of that enhancement is prohibited by any initiative statute.This bill would authorize an individual serving a sentence of life imprisonment without the possibility of parole for a conviction in which one or more special circumstances were found to be true to petition for recall and resentencing if the offense occurred before June 5, 1990, and the individual has served at least 25 years in custody. The bill would exempt individuals from relief under these provisions under certain circumstances, including if the individual was convicted of first degree murder of a peace officer, as specified. The bill would authorize the court to modify the petitioner’s sentence to impose a lesser sentence and apply any changes in law that reduce sentences or provide for judicial discretion, or to vacate the petitioner’s conviction and impose judgment on a lesser included offense, as specified. The bill would require a court to consider and afford great weight to evidence offered by the petitioner to prove that specified mitigating circumstances are present. The bill would provide that proof of the presence of one or more specified mitigating circumstances weighs greatly in favor of dismissing a special circumstance, unless the court finds that dismissal of the special circumstance is not appropriate. The bill would require the court to appoint the State Public Defender or other qualified counsel for an indigent petitioner.The California Constitution, as amended by Proposition 9, the Victims’ Bill of Rights Act of 2008: Marsy’s Law, at the November 4, 2008, statewide general election, entitles the victim of a crime to specified rights, including to reasonable notice of all public proceedings, including all parole or other postconviction release proceedings.The bill would clarify that these proceedings constitute a “post-conviction release proceeding” under Marsy’s Law.