Existing law establishes the hearsay rule, which provides that evidence of a statement that was made other than by a witness while testifying at a hearing and that is offered to prove the truth of the matter stated is inadmissible. Existing law provides exceptions to the hearsay rule, including an exception in criminal prosecutions for statements made by victims, when under 12 years of age, describing any act or attempted act of child abuse with or on the child by another, as specified. This bill, Kelsey's Law, would additionally make an exception to the hearsay rule for statements by a victim who is a minor over 12 years of age if the court determines that the victim has an intellectual disability, when describing any act or attempted act of child abuse, as specified.
Sponsored bills
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission, in collaboration with other relevant state agencies and stakeholders, to maintain and update a statewide, publicly accessible, and interactive map showing the accessibility of broadband service in the state. Existing law establishes, within the Government Operations Agency, the Department of Technology under the supervision of the Director of Technology, who also serves as the State Chief Information Officer. Under existing law, the Department of Technology is responsible for the approval and oversight of information technology projects. This bill would require the Department of Technology, on or before May 1, 2024, with input from relevant state agencies and stakeholders, to conduct, complete, and submit a report to specified legislative committees that reviews and identifies barriers to, and opportunities for, investment in, and efficient building of, broadband access points on private and government-owned structures and property, private and public lands and buildings, and public rights of way. The bill would also require the report to identify barriers to, and opportunities for, access to mobile and fixed broadband internet service infrastructure by low-income tribal, urban, and rural customers, and underserved communities. This bill would further require the report to provide recommendations on how to accelerate deployment of broadband access points to serve tribes, low-income customers, and disadvantaged or underserved communities. The bill would require the report, at a minimum, to consider the extent to which specified factors serve as barriers to investment or deployment of broadband access points and to make recommendations on how to overcome these barriers. The bill would define relevant terms.
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, credited service, and age at retirement, subject to certain variations. STRS is administered by the Teachers' Retirement Board. Existing law creates the Teachers' Retirement Fund and establishes within that fund a segregated account named the Supplemental Benefit Maintenance Account. Existing law continuously appropriates funds in the Supplemental Benefit Maintenance Account for expenditure for the purpose of restoring the purchasing power of the allowances of retired members and nonmember spouses, disabled members, and beneficiaries, and prescribes various schedules pursuant to which these allowances are augmented. This bill would prescribe additional benefits to be paid quarterly from the Supplemental Benefit Maintenance Account, beginning July 1, 2023, to retired members and nonmember spouses, disabled members, and beneficiaries, to be made pursuant to a specified schedule. By providing for additional payments to be made from a continuously appropriated fund, this bill would make an appropriation. The bill would require the amount of these increases to be determined on July 1, 2023, as specified, and would require that amount to be increased each year commencing on July 1, 2024, but not compounded. The bill would specify that these increases are not part of the base allowance, are payable only to the extent that funds are available from the Supplemental Benefit Maintenance Account, and would state the extent to which these payments would be vested. The bill would make additional conforming and nonsubstantive changes.
Existing law requires the State Department of Social Services to establish a statewide hotline as the entry point for a Family Urgent Response System to respond to calls from caregivers or current or former foster children or youth during moments of instability. Existing law requires the hotline to include, among other things, referrals to a county-based mobile response system, which counties are required to establish, for further support and in-person response. Existing law defines the term "current or former foster child or youth" for the purposes of these provisions as a child or youth found to be within the jurisdiction of the juvenile court as either a dependent or delinquent child and who is served by the county child welfare agency or probation department and a child or youth who has exited foster care to reunification, guardianship, or adoption. This bill would expand that definition to also include, among others, a child or youth who is placed in foster care and is the subject of a petition to declare them a dependent child of the juvenile court. By expanding county duties relating to the county-based mobile response system, 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 designates specific days as holidays in this state. Existing law designates holidays on which community colleges and public schools are required to close, including days appointed by the President. Existing law entitles state employees, with specified exceptions, to be given time off with pay for specified holidays. This bill would add June 19, known as "Juneteenth," to the list of state holidays. The bill would specify that holidays created by federal legislation signed by the President are considered days appointed as holidays for the purposes of the above-described provisions requiring community colleges and public schools to close. The bill would authorize state employees to elect to take time off with pay in recognition of Juneteenth, as specified. This bill would incorporate additional changes to Sections 45203, 79020, and 88203 of the Education Code proposed by AB 1801 to be operative only if this bill and AB 1801 are enacted and this bill is enacted last. This bill would incorporate additional changes to Sections 6700, 19853, and 19853.1 of the Government Code proposed by AB 1801 and AB 2596 to be operative only if this bill and either or both AB 1801 and AB 2596 are enacted and this bill is enacted last.
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law declares it to be the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. Existing law requires the state board, by January 1, 2018, to develop a plan for the funding and implementation of the Low-Income Water Rate Assistance Program, as prescribed. Existing law requires the state board, by February 1, 2018, to report to the Legislature on its findings regarding the feasibility, financial stability, and desired structure of the program, including any recommendations for legislative action that may need to be taken. This bill would establish the Water Rate Assistance Fund in the State Treasury to help provide water affordability assistance, for both drinking water and wastewater services, to low-income residential ratepayers. The bill would make moneys in the fund available upon appropriation by the Legislature to the state board to provide, in consultation with relevant agencies, direct water bill assistance to low-income residential ratepayers served by eligible systems, as defined, and would require 80% of total expenditures from the fund to be directly applied to residential ratepayer accounts. The bill would require the state board, to the extent feasible, cost effective, and permitted under the California Constitution, to identify and contract with one or more third-party providers. The bill would impose requirements on the state board in connection with the program, including, among others, within 270 days of the effective date, as defined, adopting guidelines in consultation with relevant agencies and an advisory group for implementation of the program and preparing a report to be posted on state board's internet website identifying how the fund has performed. The bill would require the guidelines to include minimum requirements for eligible systems, including the ability to confirm eligibility for enrollment through a request for self-certification of eligibility under penalty of perjury. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require, within 365 days of the effective date, the Public Utilities Commission to establish a mechanism for electrical corporations and gas corporations to, and would authorize the state board or third-party providers to enter into agreements with local publicly owned electric utilities and local publicly owned gas utilities to, regularly share specified customer data with the state board or third-party providers, subject to certain protections. The bill would require the state board to, among other things, coordinate with the commission to align criteria between all existing water rate assistance programs offered by investor-owned utilities and to ensure timely processing of payments to investor-owned utilities. The bill would make the operation of these provisions contingent on an appropriation in the annual Budget Act or another statute for these purposes. 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, 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 requires a health care service plan contract issued, amended, delivered, or renewed on or after January 1, 2000, or an individual or group policy of disability insurance or self-insured employee welfare benefit plan to provide coverage for mammography for screening or diagnostic purposes upon referral by specified professionals. Under existing law, mammography performed pursuant to those requirements or that meets the current recommendations of the United States Preventive Services Task Force is provided to an enrollee or an insured without cost sharing. This bill would require a health care service plan contract, a policy of disability insurance that provides hospital, medical, or surgical coverage, or a self-insured employee welfare benefit plan issued, amended, or renewed on or after January 1, 2024, to provide coverage without imposing cost sharing for, among other things, screening mammography and medically necessary diagnostic breast imaging, including diagnostic breast imaging following an abnormal mammography result and for an enrollee or insured indicated to have a risk factor associated with breast cancer, except 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 authorizes area agencies on aging and other county agencies that provide services to older adults through an established multidisciplinary team to provide information regarding older adult clients only to other county agencies with staff designated as members of a multidisciplinary team that are, or may be, providing services to the same individuals for purposes of identifying and coordinating the treatment of individuals served by more than one agency. This bill would specifically authorize an area agency on aging or a county, or both, to establish an aging multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of older adults to services and to allow provider agencies and members of the personnel team to share confidential information, as specified, for the purpose of coordinating services. Under the bill, any discussion relative to the disclosure or exchange of the information or writings during a team meeting would be confidential and testimony concerning that discussion would not be admissible in any criminal, civil, or juvenile court proceeding. The bill would require the sharing of information permitted under these provisions to be governed by protocols developed by each area agency on aging or county, as specified, and would require each area agency on aging or county to provide a copy of its protocols to the California Department of Aging. The bill would require the protocols to include a requirement that, unless otherwise permitted by law, an area agency on aging or county obtain the affirmative consent of an individual or their representative before the individual's information is shared and a requirement to notify an individual, among other things, that they may opt out of sharing information at any time. This bill would authorize the aging multidisciplinary personnel team to designate qualified persons to be members of the team for a particular case and would require every member who receives information or records regarding adults and families in their capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The bill would also require the information or records to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. 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. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of each house of the Legislature to exclude any relevant evidence from any criminal proceeding or any trial or hearing of a juvenile for a criminal offense, as specified. Because this bill would exclude from a criminal or juvenile court proceeding any discussion relative to the disclosure or exchange of information or writings during an aging multidisciplinary personnel team meeting, which would otherwise be admissible, it requires a 23 vote of each house of the Legislature.
Existing law establishes the Judges' Retirement System II, which provides retirement and other benefits to its members and is administered by the Board of Administration of the Public Employees' Retirement System. Under the Judges' Retirement System II, a judge is eligible to retire upon attaining both 65 years of age and 20 or more years of service, or upon attaining 70 years of age with a minimum of 5 years of service. Existing law entitles a judge who retires pursuant to this authorization to elect between a specified a monthly retirement allowance for life or certain monetary credits. Existing law grants the surviving spouse of a judge who was eligible to retire, as specified, the right to elect to receive either a monthly retirement allowance or monetary credits within 90 days after the judge's death. Existing law establishes the right of the surviving spouse of a retired judge who elected to receive a monthly allowance, or who was retired for disability and receiving an allowance, to a specified monthly allowance. This bill, on and after January 1, 2024, and until January 1, 2029, would authorize a judge who is not eligible to retire pursuant to the provisions described above to elect to retire and defer receipt of a monthly allowance, subject to specified formulations. In order to be eligible for these benefits, the bill would require a judge to be at least 60 years of age and have 15 years or more of service or 65 years of age with a minimum of 10 years of service. The retirement allowances prescribed by the bill would be based on a judge's final compensation and years of service credit adjusted by certain percentages that vary in relation to "full retirement age," as defined, and when the judge retires. The bill would prohibit a retirement allowance calculated pursuant to these provisions from exceeding, at the time of retirement, 75 percent of a judge's final compensation and would prohibit the calculation of the retirement allowance under these provisions from including more than 20 years of service. The bill would prescribe a process for electing these benefits. The bill would specify that a retirement pursuant to these provisions is a service retirement for purposes of law that regulates the employment of retired judges. This bill would also make conforming changes to account for the right to elect to retire and defer receipt of a monthly allowance in connection with the above-described rights of surviving spouses of judges. Existing law, the Public Employees' Medical and Hospital Care Act (PEMHCA) , which is administered by the Board of Administration of the Public Employees' Retirement System, authorizes employees or annuitants, as defined, to enroll in approved health benefit plans. PEMHCA authorizes a judge who leaves judicial office pursuant to specified conditions to continue the judge's coverage and the coverage of any family members upon assuming payment of the contributions otherwise required of the employer and by paying an additional amount to cover administrative expenses, as specified. Existing law establishes the Public Employees' Health Care Fund to fund the health benefit plans administered or approved by the board. Existing law provides for the deposit of certain moneys, including employee and annuitant contributions, into the Public Employees' Health Care Fund, which is continuously appropriated to pay for benefits and claims, as specified. This bill, on and after January 1, 2024, and until January 1, 2029, would authorize a judge who elects to retire pursuant to the retirement benefit that the bill would create, but who is not yet receiving a retirement allowance, and the surviving spouse of such a judge, to elect to continue coverage under PEMHCA upon assuming payment for contributions and administrative expenses, as described above. By authorizing additional moneys to be deposited in the continuously appropriated Public Employees' Health Care Fund, this bill would make an appropriation. The bill would also make technical changes.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA vests responsibility for the state licensure and regulation of commercial cannabis activity in the Department of Cannabis Control. Existing law authorizes the Department of Cannabis Control to license, regulate, and discipline the persons it licenses to engage in commercial cannabis activity. This bill would provide it is not a crime solely for individuals and firms to provide insurance and related services to persons licensed to engage in commercial cannabis activity.