Existing law revives certain claims seeking to recover damages suffered as a result of a sexual assault that occurred on or after the plaintiff's 18th birthday when one or more entities are legally responsible for damages and the entity or their agents engaged in a cover up, as defined, that would otherwise be barred prior to January 1, 2023, solely because the applicable statute of limitations has or had expired. Existing law authorizes a cause of action for any such claim to proceed if already pending in court on January 1, 2023, or, if not filed by that date, to be commenced between January 1, 2023, and December 31, 2023. Existing law revives such claims brought by a plaintiff to who alleges all of the following: (1) the plaintiff was sexually assaulted, (2) one or more entities are legally responsible for damages arising out of the assault, and (3) the entity or entities engaged in a cover up or attempted cover up, as defined, of a previous instance or allegations of sexual assault. This bill would extend the eligibility period for revival of claims of the type described above to include claims that would otherwise be barred prior to January 1, 2025, because the applicable statute of limitations has or had expired. The bill would instead require a revived claim to allege that the plaintiff was sexually assaulted and that (1) one or more entities or persons are legally responsible for damages arising out of sexual assault by an alleged perpetrator against the plaintiff, and (2) an entity or entities, including their specified representatives, engaged in a cover up or attempted a cover up of a previous instance or allegations of sexual assault by an alleged perpetrator. The bill would specify that failure to allege a cover up as to one entity does not affect revival of a claim or claims against any other entity or person, including the perpetrator. The bill would permit a cause of action for any such claim to proceed if already pending in court on the effective date of the bill or, if not filed by that date, to be commenced between January 1, 2025, and December 31, 2026. The bill would make conforming changes.
Existing law, the California Residential Care Facilities for the Elderly Act (act) , requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly, as defined, and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. Under existing law, whether or not unrelated persons are living together, a residential care facility for the elderly that serves 6 or fewer persons is considered a residential use of property, as specified. This bill would increase the maximum number of residents served for purposes of those provisions from 6 to 8.
Existing unemployment compensation disability law requires workers to pay contribution rates based on, among other things, wages received in employment and benefit disbursement, for payment into the Unemployment Compensation Disability Fund, for purposes of compensating in part for the wage loss sustained by any individual who is unable to work due to the employee's own sickness or injury, among other reasons. Existing law sets forth standards for eligibility to receive unemployment compensation disability benefits. Existing law authorizes an individual to file a first claim for these benefits no later than the 41st consecutive day following the first compensable day of unemployment and disability with respect to which the claim is made for benefits, as specified. This bill would, instead, authorize an individual to file a first claim for benefits no later than the 60th consecutive day following the first compensable day of unemployment and disability. The bill would also, beginning when the next scheduled improvement of the Employment Development Department's integrated claims management system is implemented, authorize an individual to file a claim for disability insurance benefits up to 30 days before the first compensable day with respect to which the claim is made for benefits and make other conforming changes. Existing law requires the department to make a determination as to the eligibility of the claimant for benefits and to notify the claimant of the determination and the reasons therefor. Existing law authorizes the claimant to appeal therefrom to an administrative law judge within 60 days from service of the notice of determination. This bill would extend the period during which the claimant may appeal the department's determination from 30 days to 60 days. The bill would also delete an obsolete provision. Pursuant to the above-described state disability insurance program, existing law requires the executive officer of the Employment Development Department, known as the Director of Employment Development, to administer the state's unemployment compensation disability insurance program, which includes the family temporary disability insurance program, also known as the paid family leave program. Existing law establishes the family temporary disability insurance program for the provision of wage replacement benefits to workers who take time off work to care for certain seriously ill family members, to bond with a minor child within one year of birth or placement, as specified, or to participate in a qualifying exigency related to the covered active duty or call to covered active duty of certain family members. Existing law requires an individual to file a claim for family temporary disability insurance benefits no later than the 41st consecutive day following the first compensable day with respect to which the claim is made for benefits, as specified. Existing law provides that an individual is deemed eligible for family temporary disability insurance benefits only if the director makes specified findings. Existing law requires the department to distribute the application for family temporary disability insurance benefits, in addition to English, in all non-English languages spoken by a substantial number of non-English-speaking applicants, as defined. This bill would extend the timeline for an individual to file a claim for family temporary disability insurance benefits to no later than the 60th consecutive day following the first compensable day with respect to which the claim is made for benefits, and would authorize an individual, beginning when the next scheduled improvement of the Employment Development Department's integrated claims management system is implemented, to file that claim for benefits no earlier than 30 days before the first compensable day, as provided. For purposes of the state's unemployment compensation disability insurance program, existing law requires, after a claim for benefits is filed, the department to determine the eligibility of the claimant for benefits and to notify the claimant of the determination. Existing law allows the claimant to appeal to an administrative law judge within 30 days from mailing or personal service of the determination, which may be extended for good cause. For purposes of the paid family leave program, this bill would extend the appeal timeline to 60 days from the service of the notice of determination, and would authorize that period to be extended for good cause, as defined. The bill would also require the department, beginning when the next scheduled improvement of the Employment Development Department's integrated claims management system is implemented, to issue the initial payment for family temporary disability insurance benefits within 14 days of receipt of an eligible claimant's properly completed first family temporary disability insurance claim or as soon as eligibility begins, whichever occurs later.
The Donahoe Higher Education Act sets forth the missions and functions of California's public segments of higher education and their respective institutions of higher education. 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, are 2 of the segments. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California act, by appropriate resolution, to make them applicable. This bill would require the California State University, and would request the University of California, to develop and implement a 4-year accountability plan for outreach to, and admission of, first-generation college students to the segment, as specified. The bill would require the California State University, and would request the University of California, to submit an annual report to the Assembly Committee on Education, the Assembly Committee on Higher Education, and the Senate Committee on Education on the implementation and ongoing administration of the accountability plan, as provided.
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. A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act declares, among other things, that no person shall be subjected to discrimination on the basis of, among other things, sex, in any program or activity conducted by any postsecondary educational institution that receives or benefits from state financial assistance or enrolls students who receive state financial aid. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California act, by resolution, to make them applicable. This bill would require, on or before July 1, 2026, a public postsecondary educational institution, defined as any campus of the California Community Colleges, the California State University, or the University of California, in order to comply with the above-described provision of the Equity in Higher Education Act, to establish and designate at least one person to fulfill the positions of confidential student advocate, confidential staff and faculty advocate, and confidential respondent services coordinator to assist students, faculty, or staff who have filed a complaint of sex discrimination, experienced sex discrimination, or are accused of sex discrimination, as provided. The bill would require those positions to, among other things, be independent from the Title IX office, receive specified training, and subject to permission from the student, faculty, or staff, provide, among other things, information about where the student, faculty, or staff can access campus resources, as provided. By imposing new duties on community college districts, 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.
Existing law authorizes a judge in the superior court, at the judge's discretion and over the objection of the prosecution, to defer sentencing a defendant who has submitted a plea of guilty or nolo contendere to a misdemeanor for a period not to exceed 12 months, subject to certain exceptions and requirements on the defendant. This bill would prohibit a defendant who is charged with an offense that would prohibit them from possessing a firearm if convicted of the offense from possessing a firearm until they successfully complete diversion. By increasing duties on local law enforcement to enforce firearms prohibitions, 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.
Existing law prohibits a person who is convicted of a felony offense from subsequently owning or possessing a firearm. Existing law also prohibits a juvenile who is adjudged a ward of the juvenile court due to the commission of specified serious or violent offenses from subsequently owning or possessing a firearm until they are 30 years of age. A violation of this prohibition is punishable as a misdemeanor or as a felony. Existing law authorizes certain juvenile records to be sealed upon order of the court and to subsequently be destroyed. Existing law requires a juvenile record that has been ordered to be sealed, and that contains a sustained petition making a person ineligible to own or possess a firearm, to not be destroyed until the person is 33 years of age. This bill would further prohibit a juvenile who, on or after January 1, 2014, is adjudged a ward of the juvenile court due to the commission of murder, attempted murder, or voluntary manslaughter, from subsequently owning or possessing a firearm for life. The bill would also exempt the records of those persons containing the petition that renders them so ineligible from destruction. By expanding the application of an existing 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.
Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to certain state agencies with regard to their collection, storage, and disclosure of personal information. Existing law defines personal information, for these purposes, to mean any information maintained by an agency that identifies or describes an individual, including, among other things, financial matters, and medical or employment history. Under existing law, a person who willfully requests or obtains any record containing personal information from an agency under false pretenses is guilty of a misdemeanor. This bill would revise the definition of personal information to mean any information that identifies, relates to, describes, or is capable of being associated with a particular individual, including, among other things, any other financial information, medical information, or health insurance information. Because the bill would expand the definition of a crime, the bill would impose a state-mandated local program. Existing law prohibits an individual's name and address from being distributed for commercial purposes, sold, or rented by an agency, as defined, unless that action is specifically authorized by law. This bill would instead prohibit personal information, as defined, from being distributed, sold, or rented by an agency for any purpose that has financial gain unless that action is specifically authorized by law. The bill would make other nonsubstantive conforming changes. 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.
Existing law prohibits a person from operating a motorcycle on a highway unless that person holds a valid driver's license or endorsement for a motorcycle. Existing law requires an applicant for a license or endorsement to operate a motorcycle to submit to an examination including a demonstration of the applicant's ability to exercise ordinary and reasonable control in operating a motorcycle. Existing law establishes a motorcyclist safety program within the Department of the California Highway Patrol, administered by the Commissioner of the California Highway Patrol. Existing law authorizes the commissioner to adopt standards, as specified, for a novice rider motorcycle training course and for a premier motorcyclist safety training program. Existing law authorizes the Department of Motor Vehicles to accept a certificate of satisfactory completion of the rider motorcycle training course in lieu of the driving test for a motorcycle driver's license. This bill would authorize the operator of a motorcyclist training program described above to issue a certificate of satisfactory completion to a person at least 21 years of age who has opted to complete only the skills testing portion of the training program and has successfully passed the skills test. The bill would require the motorcyclist training program operator to, in a manner prescribed by the Department of Motor Vehicles, note on the certificate that the person has completed only the skills testing portion of the program. The bill would authorize the department to accept a certificate issued pursuant to these provisions from an applicant who is at least 21 years of age in lieu of a driving test for a motorcycle driver's license if the applicant has met the other examination requirements for the license for which the applicant is applying.
Existing law requires each student to be classified as a resident or nonresident at the University of California, the California State University, or the California Maritime Academy, or at a California community college. Existing law requires a student classified as a nonresident to pay nonresident tuition, in addition to other fees required by the institution, except as provided. Existing law entitles a student to resident classification only for the purpose of determining tuition and fees if the student is a member of the Armed Forces of the United States stationed in the state, except as provided. This bill would entitle a student to resident classification only for the purpose of determining tuition and fees if the student is a member of a federally recognized Indian tribe, as defined, whose tribal land lies across the state border of California and Arizona, Nevada, or Oregon, and the student has a residence in the bordering state. If the Regents of the University of California, the Trustees of the California State University, or the Board of Governors of the California Community Colleges enter into an interstate tuition and fee agreement between (1) a respective campus that enrolls students who meet the criteria for resident classification and (2) an out-of-state regionally accredited public postsecondary institution located in the bordering state where those enrolled students reside, the bill would require those agreements to provide for reciprocal benefits for students whose tribal land lies across the state border of California and Arizona, Nevada, or Oregon, but whose residence is in California, as provided. To the extent the bill would require community college districts to exempt more students from nonresident tuition, 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.
The California Private Postsecondary Education Act of 2009 provides, among other things, for student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act exempts specified private postsecondary educational institutions from all, or a portion of, its provisions, but requires those institutions that are subject to its provisions to apply for and obtain an approval to operate, including by means of accreditation, as specified. The act also requires an out-of-state private postsecondary educational institution to comply with specified requirements for registration, including providing the bureau evidence of the institution's accreditation and complying with the requirements of the Student Tuition Recovery Fund and regulations adopted by the bureau related to the fund, as provided. The act requires an independent institution of higher education that is exempt from the act to comply with all applicable state and federal laws. Existing law repeals the act on January 1, 2027. The bill would authorize a highly qualified private nonprofit institution, as defined, to register with the bureau by paying a registration fee and complying with specified requirements for registration, including providing the bureau evidence of the institution's accreditation and complying with the requirements of the Student Tuition Recovery Fund, as provided. The bill would authorize a highly qualified private nonprofit institution, as defined, that received an approval to operate by means of accreditation before July 1, 2025, to instead register with the bureau under the bill's provisions. The bill would specify that a highly qualified private nonprofit institution that registers with the bureau is required to comply with all applicable state and federal laws.
Existing law requires the Department of Food and Agriculture, headed by the Secretary of Food and Agriculture, to promote and protect the agricultural industry of the state. Existing law authorizes the department to expend in accordance with law all money that is made available for its use. This bill would find and declare that it is a primary goal of the state to prevent the introduction, and suppress the spread, of invasive species within its borders. The bill would require, in carrying out this goal, the department, in collaboration with relevant state agencies and stakeholders, to develop and implement strategies to detect, control, monitor, and eradicate invasive species to protect the state's agriculture, environment, and natural resources. The bill would require the department, in consultation with other relevant state agencies, to allocate funds, if available, to implement and enforce these provisions.
