This measure would call on Congress to enact legislation that restores and strengthens the full protections of the Voting Rights Act of 1965, and it would call on the President to sign the legislation.
Existing law provides for the licensure and regulation of health facilities, including general acute care hospitals and skilled nursing facilities, by the State Department of Public Health. A violation of these provisions is generally a crime. Under existing law, if a person dies in a hospital, convalescent hospital, or board and care facility without known next of kin, the person in charge of the hospital or facility is required to give immediate notice of that fact to the public administrator of the county in which the hospital or facility is located, and if the person in charge fails to do so, the hospital or facility is liable for the cost of internment, as specified, and specified losses incurred by the estate or beneficiaries as a result of the failure to notify. This bill would instead require the licensee in charge of a general acute care hospital or a skilled nursing facility to make a reasonable attempt to notify any known next of kin, as specified. The bill would state that this requirement is met if a skilled nursing facility notifies the person's resident representative or has the body transferred to a hospital after death, or if the person notified the hospital or facility, prior to death and in writing, that they do not want their known next of kin to be notified of their presence or death. The bill would require, if a reasonable attempt is made or the person expressed a desire that next of kin not be notified, as specified, that the hospital or facility give notice to the public administrator as described above. The bill would make a hospital or facility that fails to notify any known next of kin liable for a continuing civil penalty of $200 per day, up to a maximum of $50,000, measured from the time it would take to make a reasonable attempt to notify the next of kin until the actual knowledge by the next of kin of the decedent's death. The bill would also make a hospital or facility that fails to notify the county public administrator, as specified, liable for a continuing civil penalty of up to $200 per day, up to a maximum of $50,000, measured from the 5th business day following a person's death until the county public administrator is notified. The bill would authorize a licensee that disputes the assessment of a civil penalty to, within 10 working days of the notification of the penalty, request a hearing pursuant to specified law.
Existing law requires the Governor to proclaim various days as days of remembrance or recognition. This bill would require the Governor to annually proclaim September 25 as Dolly Parton Day. This bill would declare that it is to take effect immediately as an urgency statute.
The Public Employees' Retirement Law (PERL) establishes the Public Employees' Retirement System (PERS) to provide a defined benefit to members of the system based on final compensation, credited service, and age at retirement, subject to certain variations. Existing law creates the Public Employees' Retirement Fund, which is continuously appropriated for purposes of PERS, including depositing employer and employee contributions. Under the California Constitution, assets of a public pension or retirement system are trust funds. The California Public Employees' Pension Reform Act of 2013 (PEPRA) establishes a variety of requirements and restrictions on public employers offering defined benefit pension plans. In this regard, PEPRA restricts the amount of compensation that may be applied for purposes of calculating a defined pension benefit for a new member, as defined, by restricting it to specified percentages of the contribution and benefit base under a specified federal law with respect to old age, survivors, and disability insurance benefits. Existing law, the Teachers' Retirement Law, establishes the State Teachers' Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers' Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, creditable service, and age at retirement, subject to certain variations. This bill, for service performed on and after January 1, 2027, would prohibit the pensionable compensation for calendar year 2027 used to calculate the defined benefit paid to a new member of a retirement system subject to PEPRA who retires from the system from exceeding specified percentages of the contribution and benefit base under the specified federal law with respect to old age, survivors, and disability insurance benefits. The bill would make related, conforming changes to these provisions on pensionable compensation. The bill also would require a new member of STRS to be subject to specified limits of the Teachers' Retirement Law. PEPRA requires each retirement system that offers a defined benefit plan for safety members of the system to use one of 3 formulas for safety members, 2% at age 57, 2.5% at age 57, or 2.7% at age 57. This bill would establish new retirement formulas, for employees first hired on or after January 1, 2027, as 2.5% at age 55, 2.7% at age 55, or 3% at age 55, subject to certain exceptions. For new members hired on or after January 1, 2013, who are safety members, the bill would require employers to adjust the formulas for service performed on or after January 1, 2027, to offer the formula that has the same fraction at age 55 as the fraction at age 57 in the formula the employer offered pursuant to existing law. The bill would authorize a public employer and a recognized employee organization to negotiate a prospective increase to the retirement benefit formulas for safety members and new safety members, consistent with the formulas permitted under PEPRA, including the new formulas described above. This bill would authorize an employer and its employees to agree in a memorandum of understanding to be subject to a higher safety plan or a lower safety plan, subject to certain requirements, including that the memorandum of understanding is collectively bargained in accordance with applicable laws. By increasing the contribution to continuously appropriated funds, and by increasing expenditures from those funds, this bill would make an appropriation.
Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. The law deems the substantial failure of the management of a mobilehome park, as defined, to provide and maintain physical improvements in the common facilities in good working order and condition, and the substantial violation of a mobilehome park rule, to be a public nuisance that may be remedied only by a civil action or abatement, as specified. The law authorizes a civil action for purposes of that provision to be brought by, among others, the Attorney General. Existing law establishes within the Department of Housing and Community Development the Mobilehome Residency Law Protection Program, which authorizes additional enforcement measures for violations of the Mobilehome Residency Law. Existing law requires the department to refer any alleged violations of law or regulations within the department's jurisdiction to the Division of Codes and Standards within the department, and to refer any alleged violations of law or regulations that are not within the jurisdiction of the department, as specified, to the appropriate enforcement agency. This bill would require the department to additionally refer alleged violations of the Mobilehome Residency Law, certain laws relating to the conversion or closure of a mobilehome park, and related local government ordinances to a nonprofit legal services provider within 5 days of receipt. Existing law authorizes the department to refer alleged violations of law or regulations that are not within the jurisdiction of the department, including, but not limited to, rent disputes, criminal activity, or alleged discrimination, to the appropriate enforcement agency. This bill would authorize the department to also refer alleged violations of a local ordinance to the appropriate enforcement agency. Existing law requires the department to contract with one or more qualified and experienced nonprofit legal services providers for purposes of the Mobilehome Residency Law Protection Program and to refer complaints to those providers for possible enforcement action. Existing law establishes minimum requirements for nonprofit legal services providers that may contract with the department for these purposes. This bill would instead require the department to develop a grant process to distribute funds to those nonprofit legal services providers and to refer program complaints to those providers for possible enforcement action. The bill would require that grant process to be fully developed and operational for program complaints by July 1, 2029. The bill would require nonprofit legal services providers, in order to receive a grant, to meet the same requirements applicable to a provider contracting with the department under existing law. The bill would specify that these provisions do not interfere with or replace any existing contracts or commitments between the department and any legal services provider entered into before the grant program is operational. Existing law creates the Mobilehome Dispute Resolution Fund, as specified, and requires moneys in the fund to be available, upon appropriation by the Legislature, for purposes of implementing the program. This bill would require moneys in the fund to be made available to the department or to the Attorney General, upon appropriation by the Legislature, for purposes of implementing the program. The bill would require the Attorney General to use funds appropriated to it as necessary to perform duties related to enforcing the alleged violations described above. Existing law requires the department to submit an annual report to the Governor and the Legislature outlining, among other things, the amount of registration fees collected and the amount expended on the program. This bill would additionally require the department to include the amount expended by the Attorney General, as specified, and the number of complaint allegations referred to the Attorney General, as specified, in the annual report. Existing law repeals the above-described provisions relating to the Mobilehome Residency Law Protection Program on January 1, 2027. This bill would extend that repeal date to June 30, 2033.
Existing law sets forth provisions, under the California Constitution, regarding the fundamental right to choose to have an abortion. Existing law, the Reproductive Privacy Act, prohibits the state from denying or interfering with a pregnant person's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the pregnant person. This bill, the Access to Safe Abortion Care Act, would make legislative findings about medication abortion, with a focus on use of the drugs mifepristone and misoprostol. Under the bill, the Legislature would reaffirm that it has been, and would continue to be, lawful to cause the delivery of, or mail, ship, take, receive, or otherwise transport, any drug, medicine, or instrument that can be designed or adapted to produce an abortion that is lawful in the State of California. The bill would set forth provisions regarding the lack of civil or criminal liability, or professional disciplinary action, for accessing or administering brand name or generic mifepristone or any drug used for medication abortion that is lawful under the laws of the state, on or after January 1, 2020, with this provision applied retroactively, as specified. The bill would make its provisions severable.
The California FAIR Plan Association is a joint reinsurance association in which all insurers licensed to write basic property insurance participate to administer a program for the equitable apportionment of basic property insurance for persons who are unable to obtain that coverage through normal channels. Existing law requires the association to implement programs to help reduce the number of existing FAIR Plan policies, including clearinghouse programs in which a participating insurer offers homeowners or commercial insurance to FAIR Plan policyholders. Existing law requires an agent or broker transacting basic property insurance to assist a person in obtaining basic property insurance coverage by one of several specified methods, including making an application for insurance through the FAIR Plan. On and after January 1, 2028, this bill would authorize the association to share policyholder information with insurers participating in the clearinghouse program, as specified, to allow a participating insurer to offer a policy to a FAIR Plan policyholder and, if there is an agent or broker of record listed on the policy, would require the insurer to make the offer simultaneously to the agent or broker of record and the FAIR Plan policyholder. Commencing May 1, 2027, the bill would require a participating insurer to report to the association on a quarterly basis the number of policies it has issued to FAIR Plan policyholders. The bill would require the association to report aggregated numbers within 30 days, as specified, and post and quarterly update on its internet website a list of participating insurers in the clearinghouse programs. The bill would require the association to provide all policyholders with a notice regarding their coverage options at least annually, including with the initial policy issuance and upon each renewal. The bill would require an agent or broker transacting basic property insurance to assist a person in obtaining basic property insurance coverage by providing the person with information on the clearinghouse programs, among other specified assistance. The bill would require the association to require registered agents and brokers to complete the association's department-approved training on the association's and the broker's responsibility to advise policyholders on the voluntary market options. This bill would incorporate additional changes to Section 10095 of the Insurance Code proposed by AB 1680 to be operative only if this bill and AB 1680 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 10095.5 of the Insurance Code proposed by AB 2061 to be operative only if this bill and AB 2061 are enacted and this bill is enacted last.
Existing law prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of a legally protected health care activity, as defined, or for obtaining a legally protected health care activity, if the legally protected health care activity is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a legally protected health care activity. Existing law prohibits specified persons, including a judicial officer, a court employee, or an authorized attorney, among others, from issuing a subpoena in connection with a proceeding in another state regarding an individual performing, supporting, or aiding in the performance of a legally protected health care activity in this state, or an individual obtaining a legally protected health care activity in this state, if the legally protected health care activity is lawful in this state. This bill would make those provisions apply regardless of the patient's location. Existing law authorizes the Governor to surrender, on demand of the executive authority of any other state, any person in this state charged in the other state with committing an act in this state, or in a 3rd state, intentionally resulting in a crime in the state whose executive authority is making the demand. This bill would additionally prohibit a state or local law enforcement agency or officer from knowingly arresting or participating in the arrest of any person who the Governor has declined to surrender. Existing law requires any out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process to include an affidavit or declaration under penalty of perjury that the discovery request is not in connection with an out-of-state proceeding relating to a legally protected health care activity, except as specified. Existing law prohibits a California corporation that provides electronic communication services or remote computing services to the general public from complying with an out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request by a law enforcement agent or entity seeking records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, unless the out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request from law enforcement includes the affidavit or declaration described above. This bill would extend those provisions to also apply to a California corporation that provides financial services, as defined, to the general public. By expanding the situations in which a declaration under penalty of perjury is required, this bill would expand the scope of the crime of perjury and impose a state-mandated local program. The bill would authorize the Attorney General to commence an action to enforce these provisions, as specified, and would authorize the court to assess a statutory penalty of $10,000 for a first violation, and $15,000 for a 2nd or subsequent violation, against any person or entity found to have intentionally, knowingly, willingly, or recklessly complied with or provided information in response to an inquiry, investigation, subpoena, or summons regarding legally protected health care activity in violation of these provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
(1) 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 educational program or activity receiving federal financial assistance. A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, requires the appropriate governing board or body of each campus of the University of California, the California State University, and the California Community Colleges, private postsecondary educational institutions, and independent institutions of higher education, as a condition of receiving state financial assistance, to, among other things, provide training to all employees on the identification of sexual harassment, including the person to whom it should be reported. 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 apply. This bill would require those postsecondary educational institutions, as part of employee training, to include certain information related to human trafficking. The bill would also require those postsecondary educational institutions to ensure that each employee annually completes this training. The bill would prohibit the failure of a postsecondary educational institution employee to report human trafficking to the institution or to local law enforcement authorities from, by itself, resulting in the liability of the institution. (2) Existing law requires the governing board of a community college district, the Trustees of the California State University, the Board of Directors of the College of the Law, San Francisco, the Regents of the University of California, and the governing board of a postsecondary educational institution receiving public funds for student financial assistance to require the appropriate officials at each campus to compile records of crimes on campus that are reported and involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication. Under existing law, this requirement and others related to student safety do not apply to community colleges unless and until the Legislature makes funds available to the community colleges for this purpose. This bill would require the appropriate officials at each campus to also compile records of crimes on campus that are reported and involve human trafficking. The bill would impose this requirement and others related to student safety on all community colleges, regardless of whether the Legislature has made funds available to community colleges for this purpose. (3) Existing law requires the Trustees of the California State University, the governing board of independent postsecondary institutions, the governing board of a community college district, and the Regents of the University of California to adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibility for investigations of certain violent crimes, sexual assaults, and hate crimes occurring on campus. Existing law requires these written agreements to be reviewed and updated, as specified. This bill would require the written agreements with local law enforcement agencies to also clarify operational responsibilities for investigations of human trafficking occurring on campus. The bill would also require the written agreements between community colleges and local law enforcement agencies to apply to additional on-campus crimes. The bill would require these written agreements to be reviewed and updated, if necessary, on or before July 1, 2027, and every 5 years thereafter. (4) Existing law requires the governing board of a community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary educational institutions, in order to receive state funds for student financial assistance, to (A) adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking involving a student, as specified, and (B) adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student, as provided. This bill would require those postsecondary educational institutions to also adopt a policy concerning incidents of human trafficking that involve students, faculty, or staff. The bill would require the policy to include, among other things, a statement that human trafficking is a state and federal crime, and the physical and mental signs that may indicate that human trafficking is occurring. (5) Existing law establishes various student financial aid programs, including the Cal Grant Program. As a condition for participation in the Cal Grant Program, existing law requires the governing board of a community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of a private or independent postsecondary educational institution to adopt and implement written policies and procedures to ensure that any report of certain violent crimes, sexual assault, or hate crimes, committed on or off campus, that is received by a campus security authority, and made by the victim for purposes of notifying the institution or law enforcement, is immediately, or as soon as practicably possible, forwarded to the appropriate law enforcement agency, as provided. This bill would require those postsecondary educational institutions, on or before July 1, 2027, to adopt and implement revised written policies and procedures that include human trafficking in the above-described reporting requirement. (6) By imposing new duties on community college districts, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the Department of Justice, and makes the department responsible, in part, for overseeing statewide criminal justice programs. Existing law requires the Department of Justice to provide technical assistance to local law enforcement agencies and tribal governments relating to, among other things, providing guidance for law enforcement education and training on policing and criminal investigations on Indian lands, providing guidance on improving crime reporting, crime statistics, criminal procedures, and investigative tools, and facilitating and supporting improved communication between local law enforcement agencies and tribal governments. This bill would establish a Missing and Murdered Indigenous Persons Justice Program within and under the discretion of the Department of Justice. The bill would impose specified responsibilities on the program, including facilitating collaboration and acting as a liaison between tribal victims' families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies, where appropriate, regarding active and inactive cases involving missing and murdered indigenous persons in California, including cases involving human trafficking. The bill, beginning July 1, 2030, and until January 1, 2033, would require the program to submit an annual report to both houses of the Legislature containing, among other things, aggregated data on the number of, and facts about, cases involving missing and murdered indigenous persons in California.
