Existing law, generally, regulates state and local law enforcement agencies regarding subject matter that includes the selection and training of peace officers, the maintenance and release of records, the use of force, and the use of certain equipment. Previous law, until January 1, 2023, prohibited the use of real-time facial recognition technology by law enforcement agencies in connection with body-worn cameras. This bill would prescribe the acceptable and prohibited uses for facial recognition technology (FRT) , as defined, by a law enforcement agency or peace officer, as defined. The bill would set certain requirements for FRT systems and reference databases, as defined, used by law enforcement agencies. The bill would require the Department of Technology, in consultation with the Chief of the Office of Information Security, to issue standards to ensure the confidentiality and cybersecurity of FRT data and results. The bill would require law enforcement agencies to establish written policies that adhere to those standards. The bill would require law enforcement agencies utilizing FRT to keep certain records and to annually report certain data to the California State Auditor. The bill would require any law enforcement agency utilizing FRT to have a written policy, as specified, and to post that policy on their internet website. The bill would require a law enforcement agency to provide certain information to any person that FRT is used to identify. The bill would also require each district attorney's office, city prosecutor's office, and the Attorney General to annually report certain data to the California State Auditor. By imposing a new reporting requirement on district attorneys and city prosecutors, this bill would impose a state-mandated local program. The bill would require the California State Auditor to annually analyze the data submitted and to prepare and publicize a report, as specified. The bill would authorize a person harmed by a violation of these provisions to bring a civil action for damages, including statutory damages, 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.
Existing law creates the Department of Housing and Community Development and requires the department to administer various programs relating to housing. This bill would establish, subject to appropriation by the Legislature, the State Partnership for Affordable Housing Registries in California Grant Program to provide technical assistance to eligible entities, as defined, for the purpose of creating a state-managed online platform of affordable housing listings, information, and applications. The bill would require the department to administer the program and to adopt guidelines for this purpose. The bill would require the department to develop a housing preapplication to standardize applications for affordable housing and to solicit participation of eligible entities no later than January 1, 2026, and to launch the platform no later than July 1, 2027. The bill would require the department to provide technical assistance to participating entities and to ensure equitable access to database users, as specified. The bill would authorize the department to coordinate with the Office of Data and Innovation to carry out the requirements of the program and to contract with vendors pursuant to existing provisions of state contract law, as specified. The bill would establish minimum requirements for the platform and would require a vendor selected to create and maintain the platform to demonstrate specified capabilities and implement those requirements. The bill would exempt from disclosure as a public record any personally identifiable information collected by the platform or shared between eligible entities and the department in administering the 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.
Existing law governs the sale to certain entities of a property that has been tax defaulted for 5 years or more, or 3 years or more, as applicable, in an applicable county, including by authorizing the state, county, any revenue district the taxes of which on the property are collected by county officers, or a redevelopment agency created pursuant to the California Community Redevelopment Law, to purchase the property or any part thereof, as prescribed. Existing law also authorizes a nonprofit organization to purchase, with the approval of the board of supervisors of the county in which it is located, a residential or vacant property that has been tax-defaulted for 5 years or more, or 3 years or more if the property is subject to a nuisance abatement lien, as prescribed. Existing law requires the sales price of a property sold pursuant to the provisions described or referenced above to include certain amounts, including all defaulted taxes and assessments and all associated penalties and costs. This bill would prohibit a property or property interest from being offered for sale under the provisions described above if that property or property interest has not been offered for sale under the provisions described below. Existing law generally authorizes a county tax collector to sell to any person tax-defaulted property 5 years or more, or 3 years or more, as applicable, after that property has become tax defaulted. Existing law authorizes a party of interest in the property to file with the county a claim for the excess proceeds, in proportion to that person's interest held with others of equal priority in the property at the time of sale, at any time before the expiration of one year following the recordation of the tax collector's deed to the purchaser and provides for the distribution of those excess proceeds. Existing law requires, if excess proceeds from the sale of tax-defaulted property exceed $150, the county to provide notice of the right to claim the excess proceeds, as prescribed. This bill would increase the claims period described above to 2 years if the county does not receive any claims before the expiration of one year following the recordation of the tax collector's deed to the purchaser and would make conforming changes. The bill would also require the notice described above to include certain information, including the consequences for failing to apply for excess proceeds within the claims period. By requiring a county to administer the claims period for a longer time period and to include additional information in the required notice of the right to claim excess proceeds, 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 exempts a student, other than a person excluded from the term "immigrant," as defined, from paying nonresident tuition at the California State University and the California Community Colleges if, among other conditions, the student has a total of 3 or more years of full-time attendance in certain California schools or attainment of equivalent credits earned while in those schools, as specified, or the student completes 3 or more years of full-time high school coursework in California and a total of 3 or more years of attendance in California elementary schools and California secondary schools. This bill would authorize, as an alternative to the above-referenced 3 or more years exemption conditions, either (1) completion of 60 semester units of credit or 90 quarter units of credit at a campus or campuses of the California Community Colleges, or (2) attainment of an associate degree for transfer. By imposing new duties on community college districts to determine eligibility for exemptions from paying nonresident tuition, the bill would constitute 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 requires the State Department of Education to comply with the federal "Buy American provision," as provided. This bill would make nonsubstantive changes to that provision.
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 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. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA. This bill would require a person seeking judicial review of the decision of a lead agency made pursuant to CEQA to carry out or approve a housing project to post a bond of $1,000,000 to cover the costs and damages to the housing project incurred by the respondent or real party in interest. The bill would authorize the court to adjust this bond requirement upon a finding of good cause to believe that the requirement does not further the interest of justice.
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. This bill would provide that a claim seeking to recover damages arising out of a sexual assault by an employee of a juvenile probation camp or detention facility owned and operated by a county or of a youth facility owned and operated by the Division of Juvenile Justice at the time the sexual assault occurred, that would otherwise be barred before January 1, 2024, because the applicable statute of limitations has expired, is revived and may proceed or be commenced within one year, as specified.
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, in consultation with county child welfare agencies and other specified entities, to implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families. This bill would require the department to convene a workgroup to create a report with recommendations to prevent housing instability among LGBTQ youth in foster care. The bill would require the workgroup to submit that report on or before January 1, 2025, as specified.
Existing law authorizes a county or city to establish an agricultural preserve, in accordance with specified requirements and subject to certain limitations, for the purpose of defining the boundaries of those areas within which the city or county will be willing to enter into contracts pursuant to the California Land Conservation Act of 1965, also known as the Williamson Act. This bill would make nonsubstantive changes to these provisions.
Existing law makes it unlawful for a person doing business in California and advertising to consumers in California to make any false or misleading advertising claim. Existing law, the Unfair Competition Law, makes various practices unlawful and provides that a person who engages, has engaged, or proposes to engage in unfair competition is liable for a civil penalty, as specified. Existing law prohibits the state from denying or interfering with an individual's fundamental right to choose or obtain an abortion. Existing law, which was previously held unconstitutional by the United States Supreme Court, requires a covered facility to disseminate to its clients a specified notice regarding abortion. Existing law authorizes the Attorney General, city attorney, or county counsel to bring an action to impose a specified civil penalty against covered facilities that fail to comply with these requirements. This bill would prohibit a person doing business in California who is performing, has performed, or intends to perform a pregnancy-related service from advertising using a false or misleading statement related to the person's provision, or lack of provision, of abortion. The bill would make a violation of that prohibition an unfair business practice, and would authorize an entity authorized to enforce unfair competition laws, a district attorney, a county counsel, or a city attorney to file for injunctive relief or seek a civil penalty, as specified. The bill would also authorize a person harmed to bring a private right of action seeking injunctive relief, a monetary penalty of at least $1,000, actual damages, and reasonable attorney's fees.
Existing law, the Motor Vehicle Fuel Tax Law, administered by the California Department of Tax and Fee Administration, imposes a tax upon each gallon of motor vehicle fuel removed from a refinery or terminal rack in this state, entered into this state, or sold in this state, at a specified rate per gallon. Existing law requires the department to annually adjust the tax imposed by increasing the rates based on the California Consumer Price Index, as specified. This bill would limit the above-described annual adjustment to a maximum of 2% for rate adjustments made on or after July 1, 2023. This bill would take effect immediately as a tax levy.
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. 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 requires the department to develop and pay capitation rates to entities contracted through the PACE program using actuarial methods and that reflect the level of care associated with the specific populations served pursuant to the contract. Existing law authorizes a PACE organization approved by the department to use video telehealth to conduct initial assessments and annual reassessments for eligibility for enrollment in the PACE program. This bill, among other things relating to the PACE program, would require those capitation rates to also reflect the frailty level and risk associated with those populations. The bill would also expand an approved PACE organization's authority to use video telehealth to conduct all assessments, as specified.
