Existing law requires the State Air Resources Board to establish a uniform statewide system of annual reporting of emissions of criteria pollutants and toxic air contaminants for a stationary source, as defined. Existing law also classifies refrigerated trailers as mobile sources and requires that they be regulated by the state board on a statewide basis to prevent confusion concerning whether the trailers are stationary sources when not being driven and to prevent inconsistent regulation by districts of vehicles that are operated in more than one air pollution control and air quality management district. This bill would require a fixed-mount generator to be classified as a stationary source. The bill would require the state board to adopt regulations consistent with that requirement.
Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, for governing boards of school districts in specified subjects and any other subject, discipline, or interdisciplinary area for which the state board determines the adoption of instructional materials to be necessary or desirable, and requires the governing board of each school district maintaining one or more high schools to adopt instructional materials for use in the high schools under its control, consistent with specified conditions. Existing law requires the adopted course of study for grades 1 to 6, inclusive, and for grades 7 to 12, inclusive, to offer instruction in specified areas of study, including social sciences. Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the state board. Existing law requires the state board, concurrently with, but not before, the next revision of textbooks or curriculum frameworks in the social sciences, health, and mathematics curricula, to ensure that these academic areas integrate components of, among other things, financial literacy. Notwithstanding that requirement on the state board, existing law requires the commission, when the history-social science curriculum framework is revised after January 1, 2017, to consider including age-appropriate information for kindergarten and grades 1 to 12, inclusive, regarding certain topics on financial literacy. This bill would require the Superintendent of Public Instruction, subject to an appropriation of one-time funds for this purpose in the annual Budget Act or another statute, to allocate funding for the purchase of standards-aligned instructional materials in financial literacy for kindergarten and grades 1 to 12, inclusive, and for professional development in that content, as provided. The bill would require the Superintendent to allocate these funds to school districts, county offices of education, charter schools, and the state special schools on the basis of an equal amount per unit of average daily attendance, as those numbers were reported at the time of the first principal apportionment for the 2021–22 fiscal year. The bill would require a school district, county office of education, charter school, or state special school to expend allocated funds for professional development or instructional materials in financial literacy that is aligned to the history-social science curriculum framework adopted by the state board and the financial literacy subject matter recommended considered by the commission, as provided.
The Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of child care and development services for children up to 13 years of age. Existing law also requires the department to ensure that eligible children with exceptional needs are given equal access to all child care and development programs and requires all child care and development programs to include plans or programs, or both, for the care of the children when they are sick. This bill would, upon appropriation, establish the Specialized Inclusivity Training for Child Care Staff Grant Program, to be administered by the department. The bill would require the department, in administering the program, to award grants to child care centers and family child care homes to fund staff training on including children with disabilities and to collect data from child care centers and family child care homes that receive grants to determine whether the training provides better access to childcare for children with disabilities. The bill would make a related finding and declaration.
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 additionally makes it a misdemeanor for specified individuals, including an employee or officer of a public entity detention facility or an employee with a department, board, or authority under the Department of Corrections and Rehabilitation, to engage in sexual activity with a consenting adult by rubbing or touching the breasts or sexual organs of another, 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 instead make it a misdemeanor or a felony, punishable in the county jail, for employees or officers of a public health facility or public entity detention facility and employees with a department, board, or authority under the Department of Corrections and Rehabilitation, to engage in sexual activity with a consenting adult, as specified. Existing law makes it punishable as either a misdemeanor or a felony for specified individuals, including an employee or officer of a public entity detention facility, to engage in sexual activity by engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration, as defined, with a consenting adult who is confined in a detention facility. Existing law makes it punishable as either a misdemeanor or a felony for an employee with a department, board, or authority under the Department of Corrections and Rehabilitation, as specified, to engage in sexual activity by engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration, as defined, with a consenting adult who is an inmate, ward, or parolee. This bill would additionally make it punishable as either a misdemeanor or a felony, punishable in a state prison, for employees or officers of a public health facility to engage in sexual activity with a consenting adult who is confined in a health facility by engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration, as defined. By expanding the scope of crime, this bill would impose a state-mandated local program. Existing law requires a person convicted of a felony violation of the above provisions who is employed by a department, board, or authority within the Department of Corrections and Rehabilitation to be terminated, as specified, and prohibits that person from being eligible to be hired or reinstated by the department. This bill would instead require that a person convicted of any violation of these provisions be terminated and prohibited from being reinstated by the department. The bill would also require that a person convicted of any violation of these provisions who is employed by a public entity detention facility or a public health facility be terminated and made ineligible to be hired or reinstated by any public entity detention facility, 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.
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 at a priority school for 4 years, as provided. Existing law defines "priority school " as a school with 55% or more of its pupils being unduplicated pupils, as defined. Existing law makes funds appropriated for the program in the Budget Acts of 2020 and 2021 available for encumbrance or expenditure by the commission until June 30, 2026. This bill would instead require, commencing with new grants awarded on or after January 1, 2024, the student candidates to commit to work for 4 years in a shortage area, as designated by the Commission on Teacher Credentialing, at any California public or nonpublic school, as provided. The bill would make funds appropriated for the Golden State Teacher Grant Program in the Budget Acts of 2022 and 2023 available for encumbrance or expenditure by the commission until June 30, 2028. Existing law requires the commission to conduct an evaluation of the program to determine the effectiveness of the program to recruit and employ credential candidates and credentialholders at priority schools, and to provide a report to the Legislature on or before December 31, 2025, and every 2 years thereafter, as provided. This bill would revise and conform requirements regarding the evaluation of the program, and would require the Student Aid Commission to annually collect demographic data on the recipients of the grant programs, commencing with new grants awarded on or after January 1, 2024, and to annually report that information to the Legislature, as provided.
Under existing law, the Commission on Peace Officer Standards and Training is responsible for developing and implementing programs to increase the effectiveness of law enforcement. The commission is required to adopt rules establishing minimum standards relating to physical, mental, and moral fitness governing the recruitment of specified peace officers. This bill would require the commission to perform specified duties, including, among other things, partnering with academic researchers to conduct an assessment of existing officer training requirements and determining how well the existing officer training requirements are working for officers in the field. The bill would require the commission to report its findings to the Legislature by January 1, 2026. This bill would require the commission to establish a permanent academic review board to, among other things, regularly review and update the commission's training standards and curriculum to ensure alignment with the latest scientific research. The existing California Public Records Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. This bill would require information that is collected in order to improve training and to encourage more rigorous analysis of officer training programs to be kept confidential but would allow the information to be made available to the commission or research institutions for analysis. 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 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 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, until January 1, 2024, creates a rebuttable presumption of injury for various employees, including an employee who works at a health facility, as defined, to include an illness or death resulting from COVID-19, if specified circumstances apply. This bill would define "injury," for a hospital employee who provides direct patient care in an acute care hospital, to include infectious diseases, cancer, musculoskeletal injuries, post-traumatic stress disorder, and respiratory diseases. The bill would include the 2019 novel coronavirus disease (COVID-19) from SARS-CoV-2 and its variants, among other conditions, in the definitions of infectious and respiratory diseases. The bill would create rebuttable presumptions that these injuries that develop or manifest in a hospital employee who provides direct patient care in an acute care hospital arose out of and in the course of the employment. The bill would extend these presumptions for specified time periods after the hospital employee's termination of employment.
Existing law allows a court to issue various protective orders to protect victims of, and witnesses to, a crime, as specified. Existing law prohibits the intentional and knowing violation of a protective order, as specified. A violation of this prohibition is a misdemeanor. Existing law requires a minimum term of imprisonment if the violation results in physical injury. Existing law also makes a subsequent violation of these provisions after a conviction, as specified, punishable as either a misdemeanor or a felony. This bill would make a violation of a criminal protective order punishable as either a felony or misdemeanor. The bill would make a violation of specified protective orders, where the person is armed with a firearm, punishable as a felony, as specified. This bill would also make conforming changes. By creating a new 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 requires the State Department of Public Health to establish a genetic disease unit to, among other responsibilities, promote a statewide program of information, testing, and counseling services related to genetic diseases, and administer that information, testing, and counseling to each child born in the state, unless the child's parent or guardian objects to a test on the grounds of religious beliefs or practices. This bill would require the department to provide information about the testing program and to permit the parent or legal guardian to opt out of the retention or use of the newborn child's blood sample for medical research. The bill would prohibit any residual screening specimen from being released to any person or entity for law enforcement purposes or to establish a database for forensic identification. The bill would authorize a parent or guardian of a minor child, and the child, once they are at least 18 years of age, to request that the department destroy the residual screening specimen or retain the specimen, but not use it for research purposes. The bill would require the department to comply with the request. The bill would require the department, if the individual makes a request to destroy the specimen or to not use it for research purposes, to acknowledge receipt of the request and notify the individual that the specimen has been destroyed, as specified. The bill would require the department, on or before January 1, 2026, to prepare an informational brochure regarding the collection, storage, retention, and use of the blood sample in a separate, double-sided, single-page format, as specified. The bill would require the department, on or before January 1, 2026, to additionally prepare a separate standard informational acceptance form with a space for the parent or legal guardian of the newborn child to provide a signed and dated written acknowledgment of receipt of the informational brochure and would require the form to be maintained in the mother's medical file, as specified. The bill would also require the department, on or before January 1, 2026, to update the California Newborn Screening Test Request Form to include space for the parent or guardian to choose whether to opt out of the retention or use for research of the residual screening specimen. The bill would require the form to have a space for the parent or guardian to sign and date the form to confirm their choice. The bill would require specified persons to distribute the informational brochure, including the local registrar of births to provide a copy of the informational brochure to each person registering the birth of a newborn that occurred outside of a perinatal licensed health facility, as specified. The bill would also require the local registrar to notify the local health officer and the department of each of these registrations by the local registrar. By imposing additional duties on local registrars of births, 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, until January 1, 2025, establishes the California Small Agricultural Business Drought Relief Grant Program in the Office of the Small Business Advocate, under the authority of its director, to provide grants to qualified small agricultural businesses that have been affected by severe drought conditions. Existing law requires the office to allocate grants to qualified small agricultural businesses that meet the requirements of the program, upon appropriation of grant funds by the Legislature. This bill, the California Agriculture Relief Act, would appropriate $100,000,000 from the General Fund to the office to provide grants under the program. The bill would also make related findings and declarations.
Existing law requires a marketplace, as defined, to ensure that its terms and conditions regarding commercial relationships with marketplace sellers meet certain criteria, including that they are drafted in plain and intelligible language. This bill would require a nonfungible token marketplace, as defined, to disclose the terms and conditions at the time a resident, as defined, contracts with the nonfungible token marketplace. The bill would require that disclosure to be written in a manner that is understandable to a reasonable resident who uses the relevant services and to include, among other things, the manner by which fees and charges imposed by the nonfungible token marketplace will be calculated if they are not identified and disclosed in advance of a transaction and the timing of the fees and charges. The bill would require a nonfungible token marketplace to develop, implement, and maintain a comprehensive information security program, as specified, and to maintain a dedicated contact channel to receive legal process from law enforcement. The bill would prohibit its provisions from being construed to create a private right of action under any other law.
(1) Existing law provides that every contract that restrains anyone from engaging in a lawful profession, trade, or business of any kind is, to that extent, void, except as provided. Existing law authorizes any person who sells the goodwill of a business, any owner of a business entity selling or otherwise disposing of all of their ownership interest in the business entity, or any owner of a business entity that sells specified assets or ownership interests to agree with the buyer to refrain from carrying on a similar business within a specified geographic area in which the business so sold, or that of the business entity, division, or subsidiary has been carried on, if the buyer, or any person deriving title to the goodwill or ownership interest from the buyer, carries on a like business therein. Existing law defines "ownership interest" as a partnership interest, membership interest, or a capital stockholder, as described. This bill would modify the definition of "ownership interest" to require the partnership interest, membership interest, or capital stock to be more than a 10% interest of the total partnership interest, more than a 10% interest of the total membership interest, or more than 10% of the total shares of ownership of the entity, respectively. This bill would prohibit an employer, as defined, from entering into, presenting an employee, as defined, or prospective employee as a term of employment, or attempting to enforce any contract in restraint of trade, as defined, that is void, as described. The bill would provide that an employer, as defined, that violates that provision is liable for actual damages and an additional penalty of up to $5,000 per employee, as defined, or prospective employee. The bill would authorize an employee or prospective employee to bring an action for injunctive relief and for the recovery of actual damages and penalties and would provide that a prevailing employee or prospective employee is entitled to recover reasonable costs and attorney's fees. The bill would require the Attorney General to receive and investigate allegations of a violation of this provision and would authorize the Attorney General to bring an action enforcing this provision. Existing law provides for a system of labor standards enforcement administered by the Labor Commissioner. This bill would require the Labor Commissioner to, in coordination with the Attorney General, receive and investigate complaints related to the above-described provisions of this bill. (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 provides that it is cause for suspension, disbarment, or other discipline for any licensee, whether acting on their own behalf or on behalf of someone else, whether or not in the context of litigation, to solicit, agree, or seek agreement that, among other things, misconduct or the terms of a settlement of a claim for misconduct shall not be reported to the State Bar. This bill would provide that it is cause for suspension, disbarment, or other discipline for any licensee to enter into with an employee, prospective employee, or former employee, present an employee, prospective employee, or former employee as a term of employment, or attempt to enforce any employee contract or other agreement in restraint of trade, as provided. (3) Existing law prohibits an employer from requiring an employee who primarily resides and works in the state to agree, as a condition of employment, to a provision that would require the employee to adjudicate outside of the state a claim arising in the state or would deprive the employee of the substantive protection of state law with respect to a controversy arising in the state. Existing law provides that this prohibition does not apply to a contract with an employee who is in fact individually represented by legal counsel in negotiating the terms of an agreement to designate either the venue or forum in which a controversy arising from the employment contract may be adjudicated or the choice of law to be applied. This bill would provide that, for a contract entered into, modified, or extended on or after January 1, 2025, the above-described prohibition does not apply to a contract with an employee who is individually represented by legal counsel, excluding when the counsel is paid for by, or was selected based upon the suggestion of, the employee's employer, in negotiating the terms of an agreement and, at the option of the employee, designates either the venue or forum in which a controversy arising from the employment contract may be adjudicated or the choice of law to be applied.
