Rep. Jeff Gonzalez

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 sets forth specified prior authorization and step therapy limitations for health care service plans and health insurers. This bill would require a health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2027, to require a health care service plan or health insurer to complete prior authorization within 30 days upon initial request, as specified, for a drug approved by the United States Food and Drug Administration (FDA) for the treatment of a rare disease if the drug is prescribed by a specialist with expertise in the condition or disease being treated, the specialist has determined the drug is medically necessary, and the drug is the only FDA-approved treatment for the rare disease. Because a willful violation of these 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.

(1) Existing federal law requires the Secretary of Health and Human Services to designate health professional shortage areas and requires the secretary, in establishing criteria for the designation of those areas, to consider, among other things, the ratio of available health manpower to the number of individuals in an area or population group and indicators of a need for health services, as specified. Existing state law makes references to federally recognized or designated health professional shortage areas in various contexts, including, among others, the California Physician Corps Program, the California Reproductive Health Services Corps, the Oral Health Program, the Virtual Health Hub for Rural Communities Pilot Program, and health professions planning grants. This bill, until January 1, 2035, would define the term "health professional shortage area" to mean (1) an area determined by the Department of Health Care Access and Information to have a shortage of health professionals, (2) a health professional shortage area currently designated or recognized by the United States Department of Health and Human Services, or (3) an area designated or recognized as a health professional shortage area by the United States Department of Health and Human Services on January 1, 2025, regardless of whether that area remains designated or recognized by the United States Department of Health and Human Services as a health professional shortage area. The bill would authorize the Department of Health Care Access and Information to revoke designations, as specified. (2) Existing law requires specified boards, including the Board of Registered Nursing and the Respiratory Care Board of California, to collect certain workforce data from their respective licensees and registrants for future workforce planning at least biennially. Existing law requires other boards that regulate healing arts licensees or registrants to request workforce data from their respective licensees and registrants for future workforce planning at least biennially. Existing law requires the workforce data collected or requested to include specified information, including, among others, the type of employer or classification of primary practice site, as specified. Existing law prohibits a licensee or registrant from being required to provide the information as a condition for license or registration renewal and prohibits licensees or registrants from being subject to discipline for not providing the information. Existing law requires the boards and the Department of Health Care Access and Information to maintain the confidentiality of licensee and registrant information collected pursuant to these provisions and authorizes release of the information only in aggregate form. Existing law requires each board to provide individual licensee and registrant data to the Department of Health Care Access and Information on a quarterly basis, as specified. This bill would require the workforce data to be collected or requested by boards at the time a license or registration is issued, except as specified. The bill would require the information collected or requested by boards to also include, among other things, the hours worked in inpatient care, hours worked in outpatient care, and whether the licensee or registrant offers a formal sliding fee scale. The bill would instead require each board to provide licensee and registrant data on a monthly basis. (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. (4) This bill would incorporate additional changes to Section 502 of the Business and Professions Code proposed by SB 1271 to be operative only if this bill and SB 1271 are enacted and this bill is enacted last.

Existing law requires each law enforcement agency, on or before January 1, 2021, to maintain a policy that provides a minimum standard on the use of force. Existing law requires that the policy include, among other things, training standards and requirements relating to demonstrated knowledge and understanding of the law enforcement agency's use of force policy by officers, investigators, and supervisors. Existing law prohibits a law enforcement agency from authorizing the use of a carotid restraint or choke hold by any peace officer employed by that agency. This bill would, until January 1, 2030, prohibit a law enforcement agency, including a federal law enforcement agency, from using a wearable electroshock device within the State of California. The bill would also prohibit a law enforcement agency from using state funds to purchase a wearable electroshock device. The bill would require a law enforcement agency to update their use of force policies to prohibit the use of a wearable electroshock device. By increasing the duties on local law enforcement, the bill would impose a state-mandated local program. The bill would require the Division of Law Enforcement within the Department of Justice to conduct a study on the safety and community impacts of wearable electroshock devices and provide recommendations for appropriate standards and safeguards for their use, and would require the department to report to the Legislature on the findings and recommendations of the study on or before January 1, 2029. 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 contains numerous provisions governing the qualifications, standards, and training of peace officers. Existing law specifies circumstances that disqualify a person from holding office or being employed as a peace officer, including, among other things, having been convicted of a felony. This bill, the GTFO Act, would, commencing January 1, 2028, disqualify from being a peace officer a person previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, as defined, except as specified. Existing law requires each class of public officers or employees declared by law to be peace officers to meet specified minimum standards, including that they be 18 years of age or older, be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record, and be of good moral character, as determined by a thorough background investigation. This bill would, for purposes of those background investigations, authorize a hiring agency to consider news articles, verified social media posts, filings of civil complaints, and other verified sources. This bill, for purposes of an applicant who was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, would require the hiring agency to complete the background investigation before the candidate participates in a Peace Officer Standards and Training (POST) basic course. The bill would require the hiring agency to review the background investigation and determine if the individual is suitable to enter the POST basic course subject to certain suitability standards adopted by the Commission on Peace Officer Standards and Training. This bill would require every applicant seeking appointment as a peace officer or enrollment in a POST basic course to submit to the hiring agency a declaration submitted under penalty of perjury that states whether the applicant has, at any time been employed as a sworn law enforcement officer or individual contractor that personally engaged in immigration enforcement, as specified. By requiring this statement to be made under penalty of perjury, the bill would expand the scope of a crime and impose a state-mandated local program. Existing law, the State Civil Service Act, requires that the employment procedures of the Department of Human Resources (CalHR) and of each state agency conform to the federal and state laws governing employment practices, including the use of employment forms. Existing law requires employment forms used by a state agency to require a person applying for employment to disclose whether the person has entered into an agreement with the state regarding any previous employment with the state that prohibits the person from seeking or accepting any subsequent employment with the state. This bill would additionally require the above-described employment forms to require a person applying for employment to disclose whether the person has been employed as a sworn law enforcement officer or individual contractor that personally engaged in immigration enforcement, as defined. Existing law authorizes CalHR or a designated appointing power to refuse to examine or, after examination, to refuse to declare as eligible, or to withhold or withdraw from certification, prior to appointment, anyone who meets certain criteria, such as a person who has misrepresented themselves during the application process. This bill would add to these criteria a person who was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, as defined, except as specified. Existing law makes a person ineligible to hold office or employment of any kind with the state, or any county, city, district, or other political or governmental unit of the state, if the person has by oath bound themselves to support, maintain, or further the military or political activities or policies of a foreign government, as specified, or to obey the orders or directions of any foreign government or its officials. This bill, commencing January 1, 2028, would make a person ineligible to hold public employment, including employment with a city, county, district, or any other public agency of the state, because the person was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, as defined, except as specified. Existing law requires the Commission on Peace Officer Standards and Training to establish a certification program for peace officers. Existing law requires, for each applicant for admission to a basic course of training certified by the commission that includes the carrying and use of firearms, who is not sponsored by a local or other law enforcement agency or is not a peace officer employed by a state or local agency, department, or district, to submit written certification from the Department of Justice that the applicant is eligible to possess, receive, own, and purchase a firearm pursuant to state and federal law. This bill would, for purposes of an applicant for the basic course who was previously employed as a sworn law enforcement officer or individual contractor and personally engaged in immigration enforcement, require the commission to deny suitability for enrollment in the basic course, unless the commission receives notice from the hiring agency granting the applicant's suitability, as specified. The bill, by January 1, 2028, would require the commission to adopt, by regulation, a definition of "suitability," as specified. Existing law requires any background investigation of a candidate for a peace officer position to include an inquiry into whether the candidate has engaged or is engaging in membership in a hate group. This bill would require the background investigation to include an inquiry into whether the candidate has engaged in immigration enforcement. By increasing the duties of local agencies, this bill would impose a state-mandated local program. The bill would make the provisions of the act severable. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. This bill would incorporate additional changes to Section 1029 of the Government Code proposed by AB 1627 to be operative only if this bill and AB 1627 are enacted and this bill is enacted last. The bill would also incorporate additional changes to Section 13510.8 of the Penal Code proposed by AB 2337 to be operative only if this bill and AB 2337 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 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.

Existing law, the Protecting Our Kids from Social Media Addiction Act, prohibits an operator of an addictive internet-based service or application from providing an addictive feed, as defined, to a user unless the operator does not have actual knowledge that the user is a minor, as specified, or the operator has obtained verifiable parental consent to provide an addictive feed to the user who is a minor. Existing law, the Digital Age Assurance Act, beginning January 1, 2027, requires a person who owns, maintains, or controls a software application, as defined, to request age bracket data sent by a real-time secure application programming interface or operating system with respect to a particular user from an operating system provider or a covered application store when the application is downloaded and launched. This bill would prohibit a covered platform, as defined, from providing an addictive feature, as defined, to a user who is under 16 years of age and would require a covered platform to implement reasonable measures to ensure that users under 16 years of age are not offered or provided any addictive feature on the covered platform. The bill would also authorize the Attorney General to adopt regulations to implement and enforce the bill in order to further the purpose of protecting minors online, including by altering the scope of "covered platform" if the Attorney General determines that doing so is necessary to ensure that "covered platform" applies to internet websites, online services, online applications, or mobile applications that make addictive features, as defined, available to users under 16 years of age. This bill would impose a civil penalty upon a noncompliant platform and would require its provisions to be enforced by a civil action brought only by the Attorney General or a local public prosecutor, as specified. This bill would also establish the e-Safety Advisory Commission within the Department of Justice as an independent advisory body that is only for administrative purposes to advise state government on certain matters related to online safety and would require the commission to, on or before January 1 of each year, report to the Legislature and the Governor on, among other things, its activities under the bill.

Existing law establishes an Aging and Disability Resource Connection (ADRC) program, administered by the California Department of Aging, to provide information to consumers and their families on available long-term services and supports (LTSS) programs and to assist older adults, caregivers, and persons with disabilities in accessing LTSS programs at the local level. Existing law requires area agencies on aging and independent living centers to be the core local partners in developing and operating ADRC programs, and sets out their duties. This bill would prohibit the California Department of Aging from revoking the designation of an ADRC program solely due to the revocation or voluntary termination of a designation, suspension, or temporary inability of either the area agency on aging or the independent living center partner to serve in its operator role, and would authorize the remaining partner to continue to operate the ADRC independently during a transition period, as specified. The bill would require the ADRC to be dissolved at the end of the extension term unless specified entities jointly agree to continue the program. The bill would also authorize the department to extend the terms of the ADRC contract if two or more qualified entities are in the process of consolidation. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law authorizes the governing board of a community college district to enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district, a county office of education, or the governing body of a charter school for the purpose of offering or expanding dual enrollment opportunities for pupils who may not already be college bound or who are underrepresented in higher education, as provided. Existing law requires the partnership agreement to outline the terms of the partnership, as specified, and to establish protocols for information sharing, joint facilities use, and parental consent for high school pupils to enroll in community college courses. Existing law requires the protocols to only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupil's participation in the CCAP partnership. This bill would revise the CCAP partnership provisions to eliminate the requirement that the protocols require principal recommendation. Existing law requires the Chancellor of the California Community Colleges to revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupil's attendance at a community college as a special part-time student participating in a CCAP partnership agreement. This bill would require a CCAP partnership agreement to also establish protocols that authorize a pupil to complete one application for the duration of the pupil's attendance at a community college as a special part-time student participating in a CCAP partnership agreement. Existing law authorizes a community college district to allow a special part-time student participating in a CCAP partnership agreement to enroll in up to a maximum of 15 units per term in courses offered at the community college campus or the participating high school campus if certain circumstances are satisfied, including that the units constitute no more than 4 community college courses per term. This bill would eliminate the 4 community college courses per term limit for a special part-time student enrolling in up to 15 units under a CCAP partnership agreement. Existing law requires, for each CCAP partnership agreement, the affected community college district and school district, county office of education, or charter school to annually report specified information to the office of the Chancellor of the California Community Colleges, including the total number of community college courses, by course category and type and by schoolsite, enrolled in by CCAP partnership participants. This bill instead would require the affected community college district and school district, county office of education, or charter school to annually report the total number of high school pupils who successfully completed 12 or more units of college coursework by graduation, completed a certificate, or completed the courses required for an associate degree or an associate degree for transfer.

Existing law provides that every executive or ministerial officer, employee, or appointee of the State of California, or any county or city therein, or any political subdivision thereof, who knowingly asks, receives, or agrees to receive any emolument, gratuity, or reward, or any promise thereof excepting such as may be authorized by law for doing an official act, is guilty of a misdemeanor. Existing law exempts from that offense certain employment by a peace officer while off duty, as specified. Existing law also provides that a peace officer shall not be prohibited from engaging in other employment while off duty, as specified. This bill would, notwithstanding those provisions, prohibit certain peace officers from engaging in any form of secondary employment, including contract based or as an individual contractor, that involves engaging in arresting, detaining, transporting, or deporting individuals pursuant to federal or out-of-state immigration laws. The bill would provide that failure to comply with this provision may constitute, for certain purposes, an act of serious misconduct and that it is grounds for decertification as a peace officer. The bill would require certain peace officers to report to their employing law enforcement agency any conditional offer of secondary employment relating to immigration enforcement. The bill would require the law enforcement agency to maintain specified records related to secondary employment. By imposing additional duties on local law enforcement agencies, this bill would impose a state-mandated local program. The bill would also explicitly state that these records related to secondary employment of certain peace officers are public records for the purposes of the California Public Records Act. 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 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. Existing law, the Miles Hall Lifeline and Suicide Prevention Act, requires, among other things, the Office of Emergency Services (OES) to verify that technology that allows for transfers between 988 centers, as well as between 988 centers and 911 public safety answering points, is available to 988 centers and 911 public safety answering points throughout the state, to appoint a 988 system director, and to verify interoperability between and across 911 and 988. Existing law establishes the 988 State Suicide and Behavioral Health Crisis Services Fund and provides that 988 surcharge revenue in the fund is available, upon appropriation by the Legislature, for purposes of the act. This bill would require the California Health and Human Services Agency (agency) to annually determine whether an adequate specialized LGBTQ+ suicide prevention hotline is activated by the federal government under 988. When making this determination, the bill would require the agency to consider specified factors, including, among other things, any factor the agency considers relevant to evaluating the adequacy of press 3 operations. The bill would authorize the agency to, no later than 6 months after its determination, request the federal Substance Abuse and Mental Health Services Administration (SAMHSA) to allow the state to implement the press 3 function at the state level for calls originating in the State of California, which would allow callers to dial "988" and press "3" to be automatically routed to a specialized 988 center. The bill would require OES and the agency to, no later than 12 months following the approval by SAMHSA, ensure that press 3 function technologies are available. This bill would require, no later than 12 months following approval by SAMHSA, the agency to identify and contract with a qualified entity or entities that specialize in LGBTQ+ suicide prevention services. The bill would require the agency to determine the eligibility criteria, establish an application process, and administer funds to the qualified entity, as specified. The bill would require a qualified entity to comply with various requirements, including having a primary objective of reducing suicide rates or addressing mental health crises. The bill would make its implementation subject to an appropriation by the Legislature, as specified. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law describes the California Interscholastic Federation (CIF) as a voluntary organization that consists of school and school-related personnel with responsibility for administering interscholastic athletic activities in secondary schools, and sets forth the Legislature's intent regarding the CIF's implementation of certain policies. Existing law requires the CIF, on or before January 1, 2023, and on or before January 1 every 7 years thereafter, to report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken pursuant to specified provisions. Existing law requires the report to include the goals and objectives of the CIF with regard to, and the status of, among other things, the quality of coaching and officiating, as provided. Existing law requires all noncertificated candidates, prior to assuming a paid or volunteer position to work with pupils in a pupil activity program sponsored by a school district, including an interscholastic program, to obtain an Activity Supervisor Clearance Certificate from the Commission on Teacher Credentialing. Existing law requires the commission, upon verification of a candidate's personal identification and verification that the candidate meets specified requirements, to initially issue an Activity Supervisor Clearance Certificate to the candidate for a 5-year period and authorizes the certificate to be renewed, as provided. This bill would require the CIF to verify the eligibility of its officials to officiate CIF contests by requiring those officials to annually register through a platform, as provided. The bill would require the platform to consist of (1) , until July 1, 2028, a statewide and standardized background screening, (2) , commencing July 1, 2028, a record of a valid Activity Supervisor Clearance Certificate issued by the commission, including the applicable expiration date, (3) a record of rules tests, online training modules, sport-specific annual certification, and continuing education requirements, and (4) a record of liability insurance coverage. The bill would require the CIF to verify, as specified, that all components of the platform are complete before an official is deemed and marked as eligible to receive an assignment to officiate. The bill would require the CIF to ensure that its participating member schools, school districts, county offices of education, and charter schools can access the platform to verify the eligibility of an official, as specified. The bill, commencing July 1, 2028, would require the commission to regularly publish a list on its internet website of Activity Supervisor Clearance Certificate holders who have their certificate suspended or revoked by the commission and would require the CIF to ensure that the platform selected by the CIF regularly reviews the list published by the commission in order to update the eligibility of the officials whose Activity Supervisor Clearance Certificate has been suspended or revoked.