Sen. Jim Nielsen

Existing law gives control of the state park system to the Department of Parks and Recreation, and requires the Director of Parks and Recreation to promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations. This bill would require a unit of the state park system to follow and enforce the rules relating to open fires, as defined, that are at least as restrictive as the rules adopted by a local fire department or a fire protection district within whose boundaries the unit is located, as provided.

Existing law establishes the Department of Forestry and Fire Protection in the Natural Resources Agency to provide fire protection and prevention services, as specified. This bill would require the department to maintain a standard minimum level of staffing for each of its engines, as specified, without the regular practice of forcing overtime on its personnel. The bill would require the department to increase its existing firefighter fuel crews, as specified. The bill would require the department, on or before January 1, 2024, to provide to the Legislature a long-term staffing plan to meet the new era of wildfire firefighting.

(1) Existing law makes it a crime for certain persons to possess a firearm, including, among other persons, persons convicted of a felony, persons who are addicted to the use of a narcotic drug, persons convicted of specified violent offenses, persons who have been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, and persons who have been admitted to a facility, are receiving inpatient treatment, and, in the opinion of the attending health professional who is primarily responsible for the patient's treatment, are a danger to themselves or others. Existing law requires the Department of Justice to examine its records in order to determine whether the purchaser of a firearm is prohibited by state or federal law from possessing a firearm. If the department determines that the purchaser is prohibited from possessing a firearm, existing law requires the department to notify the firearms dealer and either the chief of police or the sheriff in the county in which the sale was made. This bill would require the Department of Justice, if the department determines that a person prohibited from possessing a firearm by the provisions described above has attempted to acquire a firearm, to notify the local law enforcement agency with primary jurisdiction over the area in which the person was last known to reside. If the person is prohibited from owning or possessing a firearm for reasons relating to mental health, the bill would require the department to also notify the county department of mental health in the county in which the person was last known to reside. (2) Existing law, as added by the Safety for All Act of 2016, an initiative statute approved by voters as Proposition 63 at the November 8, 2016, statewide general election, requires the sale of ammunition to be conducted by a licensed ammunition vendor. Existing law generally requires ammunition to be sold only to people who meet specified criteria, including to a person whose firearms ownership information matches an entry in the Automated Firearms System and who is eligible to possess ammunition. Existing law, commencing July 1, 2022, similarly regulates the sale of firearm precursor parts. This bill would require the Department of Justice to notify the relevant local law enforcement agency if a person who is prohibited from possessing ammunition attempts to purchase ammunition. Before contacting the person, the bill would require the law enforcement agency to attempt to confirm that the person is prohibited from purchasing ammunition and did in fact attempt to make the reported purchase. This bill would, unless AB 1621 from the 2021–22 Regular Session is enacted, require the Department of Justice to notify the relevant local law enforcement agency if a person who is prohibited from possessing firearm precursor parts attempts to purchase firearm precursor parts. Before contacting the person, the bill would require the law enforcement agency to attempt to confirm that the person is prohibited from purchasing firearm precursor parts and did in fact attempt to make the reported purchase.

Existing statutory law imposes taxes on the gross premiums of an insurer, as defined, and allows various credits against those taxes. The California Constitution imposes exactions against insurers from another state or country under specified conditions. This bill would establish the California Jumpstart Act. The act would allow a credit against those taxes for each taxable year beginning on or after January 1, 2025, until January 1, 2030, in an amount equal to the amount of a relief contribution, as defined, that meets specified requirements. The bill would prohibit a taxpayer allowed a credit under the act for a qualified relief investment from being eligible for any other credit, as specified, with respect to that investment. The bill would require the California Pollution Control Financing Authority (CPCFA) to, among other things, accept applications for approval as a relief fund that meet specified requirements, including that the application include a signed certification from the chief executive officer or another similar officer of each investor committing to make a relief contribution and stating the amount of that commitment, among other attestations. The bill also would authorize the CPCFA to recover any tax credit allowed and revoke the tax credit certificates issued to a taxpayer if the taxpayer engages in specified behavior, including, failing to invest 100% of its investment authority in relief investments within 2 years of the closing date. The bill would require the CPCFA to act in consultation with the Department of Insurance to accomplish these responsibilities where specified. This bill would require, among other things, the CPCFA to undertake outreach activities to encourage investment in impact businesses, including, but not limited to, partnering with organizations representing persons and business enterprises from small businesses more than 50% owned by minorities, women, disabled veterans, lesbian, gay, bisexual or transgender persons, as described. The bill would also establish the Treasury Relief Investment Fund in the State Treasury, and would continuously appropriate the fund for purposes of these provisions. The bill would authorize CPCFA to direct the Treasurer to invest moneys in the fund, as specified, and would authorize CPCFA to use proceeds in the fund for administrative purposes. By continuously appropriating moneys in the fund, this bill would make an appropriation. This bill would provide that the California Jumpstart Act is only operative for taxable years for which an appropriation is made for its purposes in the annual Budget Act or other statute. This bill would require various certifications by officers of an investor and would require a relief fund that has not decertified to annually certify under penalty of perjury that the relief fund has not violated any of the grounds for recovery and revocation of credits. By expanding the crime of perjury, 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, the Uniform Electronic Transactions Act, applies to electronic records and electronic signatures of a transaction, and generally prohibits a record or signature from being denied legal effect or enforceability solely because it is in electronic form or a contract being denied legal effect or enforceability solely because an electronic record was used in its formation. Existing law exempts certain transactions from that act, including insurance application forms. This bill would delete the Medicare supplement policy application forms exception, and would thereby apply the provisions of the act to these application forms. The bill would also make nonsubstantive changes to those provisions.

(1) The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the retirement fund and system. These provisions qualify this grant of powers by reserving to the Legislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board. Existing law prohibits the boards of administration of the Public Employees' Retirement System and the State Teachers' Retirement System from making investments in certain countries and in thermal coal companies, as specified, subject to the boards' plenary authority and fiduciary responsibility for investment of moneys and administration of the systems. This bill, except as specified, would prohibit the boards of specified state and local public retirement systems from making additional or new investments in prohibited companies, as defined, domiciled in Russia or Belarus, as defined, companies that the United States government has designated as complicit in the aggressor countries', as defined, war in Ukraine, or companies that supply military equipment to the aggressor countries, and to liquidate the investments of the board in those companies, as specified. The bill would also require the board, on or before January 1, 2023, and every year thereafter, to file a specified report with the Legislature. The bill would repeal these provisions on specified triggering events. By requiring the boards of local public retirement systems to take specified actions, this bill would impose a state-mandated local program. (2) Existing law specifies the duties of the Treasurer, which include receiving and keeping in the vaults of the State Treasury or depositing in banks or credit unions all moneys belonging to the state, and, except as specified, receiving and keeping in the vaults of the State Treasury or depositing for safekeeping with any federal reserve bank or any branch thereof, or with any trust company or the trust department of any state or national bank located in a city designated as a reserve or central reserve city by the Board of Governors of the Federal Reserve System, bonds and other securities or investments belonging to the state. This bill, except as specified, would prohibit the Treasurer from making additional or new investments or renewing existing investments of state moneys in any investment vehicle in the government of Russia or the government of Belarus that meets certain conditions, or in or from a Russian or Belarusian financial institution currently under sanctions imposed by the United States, as defined and specified. The bill would repeal these provisions on specified triggering events. (3) Existing law specifies how money received into the treasury must be credited and how those state funds are to be used. Existing law prohibits state funds from being used to reimburse a state contractor for costs incurred to assist, promote, or deter union organizing, as defined and specified. Existing law also prohibits state trust moneys from being used to make additional or new investments or to renew existing investments in business firms that engage in discriminatory practices in further of or in compliance with the Arab League's economic boycott of Israel, as defined and specified. This bill, except as specified, would prohibit a state agency, as defined, from making additional or new investments or renewing existing investments of state moneys in any investment vehicle in the government of Russia or the government of Belarus that meets certain conditions, or in or from Russian or Belarusian financial institutions currently under sanctions imposed by the United States, and would require a state agency to liquidate those investments. The bill would also require a state agency to file a specified report with the Legislature and the Governor. The bill would urge companies operating in California and the Regents of the University of California to divest and separate themselves from the government of Russia, Russian financial institutions, Russian businesses, the government of Belarus, Belarusian financial institutions, and Belarusian businesses, and would request companies doing business in California to report their investments in and contracts with the government of Russia, Russian financial institutions, Russian businesses, the government of Belarus, Belarusian financial institutions, and Belarusian businesses, as specified. The bill would repeal these provisions on specified triggering events. (4) Existing law authorizes state agencies to contract for goods, information technology, or services with certain suppliers, as specified. Existing law also makes companies in Sudan involved in certain activities ineligible to bid or submit a proposal for, and forbids them from bidding on or submitting a proposal for, a contract with a state agency for goods or services, as specified. This bill, except as specified, would make a company that conducts business with the government of Russia or the government of Belarus ineligible to bid or submit a proposal for, and would forbid that company from bidding on or submitting a proposal for, a contract with a state agency for goods or services, as defined and specified. The bill would require a state agency to require a company that submits a bid or proposal with respect to a contract for goods or services to certify that the company is not a scrutinized company, as prescribed. The bill would, among other things, make a company that submits a false certification under these provisions liable for a civil penalty, and would require the Department of General Services to report the company to the Attorney General, who would be required to determine whether to bring a civil action against the company, as specified. The bill would repeal these provisions on specified triggering events. (5) 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. (6) This bill would declare that it is to take effect immediately as an urgency statute.

Existing federal law, the 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 authorizes the Governor to negotiate and conclude those compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments to tribal-state gaming compacts, between the State of California and specified Indian tribes. The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would ratify the amendments to the tribal-state gaming compacts entered into between the State of California and the Alturas Indian Rancheria, California, the Augustine Band of Cahuilla Indians, California, the Bear River Band of the Rohnerville Rancheria, California, the Berry Creek Rancheria of Maidu Indians of California, the Big Sandy Rancheria of Western Mono Indians of California, the Bishop Paiute Tribe, the Blue Lake Rancheria, the Cachil Dehe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria, California, the Cahto Tribe of the Laytonville Rancheria, the Cahuilla Band of Indians, the Campo Band of Diegueno Mission Indians of the Campo Indian Reservation, California, the Chemehuevi Indian Tribe of the Chemehuevi Reservation, California, the Cher-Ae Heights Indian Community of the Trinidad Rancheria, California, the Chicken Ranch Rancheria of Me-Wuk Indians of California, the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California, the Ewiiaapaayp Band of Kumeyaay Indians, California, the Hopland Band of Pomo Indians, California, the Manchester Band of Pomo Indians of the Manchester Rancheria, California, the Middletown Rancheria of Pomo Indians of California, the Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation, California, the Picayune Rancheria of Chukchansi Indians of California, the Pit River Tribe, California, the Redding Rancheria, California, the Resighini Rancheria, California, the Robinson Rancheria, the Santa Rosa Indian Community of the Santa Rosa Rancheria, California, the Sherwood Valley Rancheria of Pomo Indians of California, the Soboba Band of Luiseno Indians, California, and the Table Mountain Rancheria to extend the terms of those compacts. The bill would provide that, in deference to tribal sovereignty, certain actions related to those amended compacts are not projects for the purposes of CEQA. This bill would declare that it is to take effect immediately as an urgency statute.

This measure would recognize the weeks of October 10, 2021, through October 16, 2021, and October 16, 2022, through October 22, 2022, as Art Therapy Weeks of Civic Engagement to commemorate the contributions of professional art therapists to California's communities.

Existing law requires the adopted course of study for grades 1 to 6, inclusive, and the adopted course of study for grades 7 to 12, inclusive, to include certain areas of study, including, among others, English, mathematics, social sciences, science, and visual and performing arts, as specified. This bill, with respect to both of the above-referenced adopted courses of study, would encourage the instruction in the social sciences area of study to include Asian American and Pacific Islander individual and community contributions, as provided.