Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency, administered by the Director of Industrial Relations, and vests it with various powers and duties to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. Existing law, until January 1, 2029, authorizes a public prosecutor, as defined, to prosecute an action through alternative enforcement procedures, for a violation of specified provisions of the Labor Code or to enforce those provisions independently. Existing law requires moneys recovered by public prosecutors under that code to be applied first to payments, such as wages, damages, and other penalties, due to affected workers. Existing law further requires all civil penalties recovered by a public prosecutor pursuant to those provisions to be paid to the General Fund of the state, unless otherwise specified. Existing law authorizes the court to award a prevailing plaintiff reasonable attorney's fees and costs in an action under those provisions, as specified. This bill would instead specify that all remedies available for violations of the Labor Code may be recovered in an action by a public prosecutor under those alternative enforcement procedures. The bill would require any remedies recovered to go first to workers to cover any unpaid wages, damages, or penalties owed to those workers, and any remaining civil penalties to go the General Fund of the state. The bill would further provide that a public prosecutor may enforce any other provision of the Labor Code as specifically authorized. The bill would instead require the court to award a prevailing plaintiff reasonable attorney's fees and costs in an action under those provisions, as specified. Existing law establishes the Division of Occupational Safety and Health in the Department of Industrial Relations, and charges the division with the enforcement of various laws affecting safe working conditions, including the California Occupational Safety and Health Act of 1973. Existing law requires a contracting entity, as defined, to require an entertainment events vendor to certify for its employees and employees of its subcontractors that those individuals have complied with specified training, certification, and workforce requirements, including that employees involved in the setting up, operation, or tearing down of a live event at its public events venue, as defined, have completed prescribed trainings of the United States Department of Labor's Occupational Safety and Health Administration. Existing law requires the division to enforce those provisions by issuing a citation and a notice of civil penalty against an entertainment events vendor, as specified, and to deposit those funds in the Occupational Safety and Health Fund. This bill would require a contract that is subject to the above provisions to provide in writing that the entertainment events vendor will furnish, upon hiring for the live event pursuant to the contract, the contracting entity with specified information about the employees of those vendors and subcontractors and the trainings those employees have completed. The bill would subject the contract to a provision of the California Public Records Act that makes any executed contract for the purchase of goods or services by a state or local agency, including the price and terms of payment, a public record subject to disclosure under that act, as prescribed. The bill would authorize the contracting entity to use or disclose to third parties the specified information for the purpose of carrying out the contracting entity's duties under the contract but prohibit the use or disclosure of the information for unrelated purposes. The bill would expand the categories of entities subject to penalties for a violation of these provisions to also include a public events venue or contracting entity. Additionally, the bill would allow these provisions to be enforced by a public prosecutor pursuant to the alternative enforcement procedures noted above, subject to certain additional conditions. To the extent the bill would impose new requirements on local agencies with respect to the treatment of these contracts as public records, the bill would create a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. 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.
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Existing law requires a consumer credit reporting agency to place a security freeze for a protected consumer if it receives a request from a protected consumer's representative for the placement of a security freeze, as specified, and the protected consumer's representative submits the request to the consumer credit reporting agency in accordance with certain requirements. For purposes of these provisions, a "protected consumer" includes an individual who is under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16 years of age at the time a request for placement of a security freeze is made. Existing law authorizes a consumer credit reporting agency to remove a security freeze for a protected consumer, or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumer's representative. Existing law requires a county welfare department, county probation department, or the State Department of Social Services to inquire of each of the 3 major credit reporting agencies as to whether a child in foster care placement who reaches their 14th birthday has any consumer credit history, as specified. Existing law, with respect to a nonminor dependent, requires the county welfare department or county probation department to assist the young adult, on a yearly basis while the nonminor dependent is under the jurisdiction of the juvenile court, with requesting the consumer credit report from each of the 3 major credit reporting agencies, as specified. Existing law requires the county social worker or county probation officer to ensure that the child or nonminor dependent receives assistance with interpreting the consumer credit report and resolving any inaccuracies, including, but not limited to, referring the youth to a governmental or nonprofit agency that provides consumer credit. This bill would deem certain requirements for the placement or removal of a security freeze for a protected consumer to be met if the request is from the county welfare department or county probation department appearing on the most recent list provided or made available to the consumer credit reporting agency by the State Department of Social Services, and the requesting entity provides sufficient proof of identification under a specified federal law. The bill would restrict a county welfare department or county probation department from requesting a security freeze for a protected consumer placed in foster care that continues beyond the protected consumer's 18th birthday, as specified. If the child placed in a foster care setting has a consumer credit history, the bill would require any information that appears on the protected consumer's credit report to be promptly blocked and not reported, in the same manner as if the credit reporting agency had received a police report pursuant to a specified provision relating to identity theft. The bill also would require the credit reporting to comply with additional requirements relating to the blocking and unblocking of credit history information that is subject to investigation by the police or the Department of Motor Vehicles. The bill would authorize the freeze to be removed by the representative of the protected consumer or by the protected consumer if they are 16 years of age or older, under certain circumstances, including upon the protected consumer's removal from foster care.
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. Existing law exempts a health care service plan from the requirements of the act if the plan is operated by a city, county, city and county, public entity, political subdivision, or public joint labor management trust that satisfies certain criteria, including that the plan requires providers to be reimbursed solely on a fee-for-service basis. Existing law authorizes the Director of the Department of Managed Health Care, no later than May 1, 2021, to authorize 2 pilot programs, one in northern California and one in southern California, under which providers approved by the department may undertake risk-bearing arrangements with a voluntary employees' beneficiary association (VEBA) with enrollment of more than 100,000 lives, notwithstanding the fee-for-service requirement described above, or a trust fund that is a welfare plan and a multiemployer plan with enrollment of more than 25,000 lives, for independent periods of time beginning no earlier than January 1, 2022, to December 31, 2025, inclusive, if certain criteria are met. Existing law requires the association or trust fund and each health care provider participating in each pilot program to report to the department information regarding cost savings and clinical patient outcomes compared to a fee-for-service payment model, and requires the department to report those findings to the Legislature no later than January 1, 2027. Existing law repeals these provisions on January 1, 2028. This bill would instead authorize the director to authorize one pilot program in southern California, under which providers approved by the department may undertake risk-bearing arrangements with a VEBA, as specified above, if certain criteria are met. The bill would extend that repeal date to January 1, 2030. The bill would extend the period of time authorized for the pilot program to operate from December 31, 2025, to December 31, 2027. The bill would extend the deadline for the department to report the findings to the Legislature from January 1, 2027, to January 1, 2029.
Existing law requires various types of notices to be provided in a "newspaper of general circulation," as that term is defined, in accordance with certain prescribed publication periods and legal requirements. Existing law requires a newspaper of general circulation to meet certain criteria, including publication, a bona fide subscription list of paying subscribers, and printing and publishing at regular intervals in the state, county, or city where publication is to be given. This bill would require any public notice that is legally required to be published in a newspaper of general circulation to be published in the newspaper's print publication, on the newspaper's internet website or electronic newspaper available on the internet, and on the statewide internet website maintained as a repository for notices by a majority of California newspapers of general circulation, as specified. This bill would permit a newspaper that does not maintain its own internet website to satisfy these notice requirements by publishing the notice on the statewide internet website and referencing the statewide internet website in its print publication notice. The bill would provide that certain internet website operator errors or temporary outages or service interruptions resulting in an error in the legal notice published do not constitute a defect in publication, if the legal notice appears correctly in the newspaper's print publication and satisfies all other legal notice requirements. The bill would prohibit a newspaper or the statewide internet website from charging any fee or surcharge specifically to access public notices on their internet website, except as specified. The bill would prohibit a newspaper from charging an additional fee or surcharge specifically for posting to the statewide internet website. The bill, until January 1, 2028, would exempt a public notice that is published in a newspaper of general circulation that has 5 or fewer employees from the requirements that the notice be published on the newspaper's internet website or electronic newspaper and on the statewide internet website. This bill would prohibit the statewide internet website from selling or sharing the personal information of consumers or using it for any purposes other than those explicitly outlined in the bill. This bill would include related legislative findings and declarations.
The existing federal Indian Gaming Regulatory Act of 1988 provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution prohibits the Legislature from authorizing casinos of the type operating in Nevada and New Jersey and authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. Existing law, the Gambling Control Act, provides for the regulation, oversight, and licensure of gambling establishments by the California Gambling Control Commission. Existing law prohibits a list of specified gambling games or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or any representative of value, and provides that any person who offers for play or participates in these games is guilty of a misdemeanor and is punishable as specified. Existing law authorizes gambling establishments to operate controlled games utilizing a player-dealer position, as defined, and to contract with a third party for the provision of proposition player services subject to specified conditions and regulatory requirements. Existing law generally specifies the persons or entities that may bring a civil action as prescribed for relief. Existing law authorizes a court to grant a preliminary injunction or temporary restraining order at any time prior to judgment, if the verified complaint or affidavits provide sufficient grounds to do so and the opposing party has been given notice. This bill would authorize a California Indian tribe, under certain conditions, to bring an action solely against licensed California card clubs and third-party proposition player services providers to seek a declaration as to whether a controlled game operated by a licensed California card club and banked by a third-party proposition player services provider constitutes a banking card game that violates state law, including tribal gaming rights under the constitutional provisions described above, and to request injunctive relief. The bill would require that any review of such a challenge be conducted de novo. The bill would prohibit a claim for money damages, penalties, or attorney's fees and would require that actions be filed no later than April 1, 2025, as specified. The bill would clarify that it does not intend to authorize an action, or otherwise impose any liability, against the state and would prohibit a court from issuing a preliminary injunction or temporary restraining order under certain circumstances. This bill would provide that its provisions are severable.
Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing and sets forth its powers and duties relating to the licensure and regulation of the practice of nursing. Existing law, the Psychology Licensing Law, establishes the Board of Psychology and sets forth its powers and duties relating to the licensure and regulation of psychologists. Existing law, the Physician Assistant Practice Act, establishes the Physician Assistant Board and sets forth its powers and duties relating to the licensure and regulation of physician assistants. Existing law, the Licensed Marriage and Family Therapist Act, the Clinical Social Worker Practice Act, the Licensed Professional Clinical Counselor Act, and the Educational Psychologist Practice Act, provides for the licensure and regulation of the practices of marriage and family therapy, clinical social work, professional clinical counseling, and education psychology, respectively, by the Board of Behavioral Sciences. Existing law establishes continuing education requirements for all of these various healing arts practitioners. This bill would require the above-specified boards, in determining their continuing education requirements, to consider including a course in maternal mental health. This bill would incorporate additional changes to Section 2811.5 of the Business and Professions Code proposed by AB 2270 and SB 639 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Sections 3524.5, 4989.34, 4996.22, and 4999.76 of the Business and Professions Code proposed by AB 2270 to be operative only if this bill and AB 2270 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 4980.54 of the Business and Professions Code proposed by AB 2270 and Senate Bill 1526 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
Existing law requires a county coroner to inquire into and determine the circumstances, manner, and cause of certain deaths. Existing law either requires or authorizes a county coroner, under certain circumstances, to perform, or cause to be performed, an autopsy on a decedent. Existing law requires a coroner or medical examiner who evaluates an individual who died, in the coroner's or medical examiner's expert opinion, as the result of an overdose as a contributing factor, to report the incident to the Overdose Detection Mapping Application Program, as specified. This bill would authorize a county or regional group of counties to establish an interagency overdose fatality review team to assist local agencies in identifying and reviewing overdose fatalities, facilitate communication among the various persons and agencies involved in overdose fatalities, and integrate local overdose prevention efforts through strategic planning, data dissemination, and community collaboration. The bill would authorize the overdose fatality review team to be comprised of, among other persons, experts in the field of forensic pathology, coroners and medical examiners, county, local, state, and federal law enforcement, and public health staff, as specified. The bill would make confidential, among other things, an oral or written communication or a document shared within or produced by an overdose fatality review team related to an overdose fatality review, as specified. The bill would authorize an organization represented on an overdose fatality review team to share information in its possession concerning the decedent who is the subject of the review, information received from a person who was in contact with the decedent, or other information deemed by the organization to be pertinent to the review with other members of the team. The bill would require information gathered and recommendations made by an overdose fatality review team to be used by the county to develop education, prevention, and intervention strategies that will lead to improved coordination of treatment services and prevent future overdose deaths. 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 authorizes the operation of an autonomous vehicle on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle operated if specified requirements are satisfied. Existing law prohibits the operation of an autonomous vehicle on public roads until the manufacturer submits an application to the Department of Motor Vehicles, as specified, and that application is approved. This bill would require a manufacturer of an autonomous vehicle to report to the department a collision on a public road that involved one of its autonomous vehicles with a gross vehicle weight of 10,001 pounds or more that is operating under a testing or deployment permit that resulted in damage of property, bodily injury, or death within 10 days of the collision. The bill would require a manufacturer of an autonomous vehicle to annually submit to the department specified information regarding the deactivation of the autonomous mode for its autonomous vehicles with a gross vehicle weight of 10,001 pounds or more that were operating under a testing or deployment permit that authorized the vehicle to operate on public roads. The bill would prohibit the operation of an autonomous vehicle with a gross vehicle weight of 10,001 pounds or more on public roads for testing purposes, transporting goods, or transporting passengers without a human safety operator physically present in the autonomous vehicle at the time of operation. The bill would require the Department of Motor Vehicles, by January 1, 2030, or 5 years after commencement of testing, whichever occurs later, and upon appropriation by the Legislature, to submit a report to the appropriate policy and fiscal committees of the Legislature evaluating the performance of autonomous vehicle technology and its impact on public safety and employment in the transportation sector for autonomous vehicles with a gross vehicle weight of 10,001 pounds or more. The bill would require the Department of the California Highway Patrol, the Labor and Workforce Development Agency, the Department of Transportation, the State Air Resources Board, and other relevant state agencies to provide additional information needed to research the report.
Existing law, the Medical Practice Act, establishes the Medical Board of California and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons, including osteopathic physicians and surgeons. Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing and sets forth its powers and duties relating to the licensure and regulation of the practice of nursing. Existing law, the Psychology Licensing Law, establishes the Board of Psychology and sets forth its powers and duties relating to the licensure and regulation of psychologists. Existing law, the Physician Assistant Practice Act, establishes the Physician Assistant Board and sets forth its powers and duties relating to the licensure and regulation of physician assistants. Existing law, the Licensed Marriage and Family Therapist Act, the Clinical Social Worker Practice Act, the Licensed Professional Clinical Counselor Act, and the Educational Psychologist Practice Act, provides for the licensure and regulation of the practices of marriage and family therapy, clinical social work, professional clinical counseling, and education psychology, respectively, by the Board of Behavioral Sciences. Existing law establishes continuing education requirements for all of these various healing arts practitioners. This bill would require the above-specified boards, in determining their continuing education requirements, to consider including a course in menopausal mental or physical health. This bill would incorporate additional changes to Section 2811.5 of the Business and Professions Code proposed by SB 639 and AB 2581 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Sections 3524.5, 4989.34, 4996.22, and 4999.76 of the Business and Professions Code proposed by AB 2581 to be operative only if this bill and AB 2581 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 4980.54 of the Business and Professions Code proposed by SB 1526 and AB 2581 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
Existing law prohibits the carrying of a concealed firearm, as specified and except as exempted. Under existing law, a handgun carried in violation of this provision is a nuisance and is subject to forfeiture and destruction, as specified. Existing law also prohibits carrying a loaded firearm in public, as specified and except as exempted, and openly carrying an unloaded handgun in public, as specified and except as exempted. This bill would deem any firearm carried in violation of either of these provisions to be a nuisance and subject to forfeiture and destruction, as specified. By requiring additional firearms to be forfeited to and destroyed by local law enforcement agencies, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 18005 of the Penal Code proposed by SB 1019 and AB 2842 to be operative only if this bill and either one or both of those bills 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, 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.