Existing law entitles a prevailing party, as defined, to recover costs in any action or proceeding. Existing law permits attorney's fees to be recoverable as costs when such fees are authorized by contract, statute, or law. This bill would require the court to order the state to pay the attorney's fees and costs of the prevailing party in an action in which the state is a party and the court finds that a state statute is facially unconstitutional. The bill would specify that a claim for attorney's fees and costs pursuant to its provisions is not required to be filed under the Government Claims Act.
Under existing law, for purposes of the Political Reform Act of 1974, the definition of income does not include salary and reimbursement for expenses or per diem, and social security, disability, or other similar benefit payments received from a state, local, or federal government agency. This bill would expand the scope of this exclusion, further excluding salary and reimbursement for expenses or per diem, and social security, disability, or other similar benefit payments received from a tribal agency from the definition of income. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development of the city or county that includes, among other elements, a housing element. That law requires the housing element to include, among other things, an identification and analysis of existing and projected housing needs. That law requires the city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development that includes, among other specified information, the number of units of housing demolished and new units of housing that have been issued a completed entitlement, a building permit, or a certificate of occupancy. This bill would additionally require the city or county to include in the annual report the number of units in the city or county with long-term affordable covenants or restrictions that expired in the prior year and the number of units in the city or county subject to a local rent control or any form of rent or price control that were withdrawn from rent or lease. By requiring a city or county to include additional information in the annual report, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides various services and resources to support the welfare of children who are abused, including establishing the Office of Child Abuse Prevention. Existing law authorizes a court to order a criminal defendant who is a parent or legal guardian of a minor child to attend a parenting class under certain conditions. This bill would require, on or before July 1, 2025, the Judicial Council and the State Department of Social Services, with the advice and assistance of the County Welfare Directors Association of California, to cooperatively form a working group, composed of specific representatives, to make recommendations and set standards for authorized parenting classes to fulfill court-required parenting classes, among other duties. The bill would require the working group, on or before August 1, 2026, to report its findings and recommendations to the Senate Committee on Human Services, the Assembly Committee on Human Services, the Legislature, and the Judicial Council.
Existing law authorizes the governing board of a school district to establish a security department under the supervision of a chief of security as designated by, and under the direction of, the superintendent of the school district and to employ personnel to ensure the safety of school district personnel and pupils, as provided. Existing law authorizes the governing board of a school district to contract with a private licensed security agency to ensure the safety of school district personnel and pupils and the security of the real and personal property of the school district when the personnel normally required to provide those services fail to do so because of an emergency or when such an emergency necessitates additional security services, as provided. This bill would require the governing board of a school district that establishes a security department, and the governing board or body of a local educational agency, as defined, that enters into a contract on or after January 1, 2025, with a private licensed security agency to provide school security services, to (1) specify the parameters on the use of weapons, including, but not limited to, handcuffs, pepper spray, batons, and firearms, on a school campus and (2) specify the roles and responsibilities of school administrators, school security department personnel, and contracted school security officers for purposes of ensuring the safety of personnel and pupils, consistent with assigning school administrators primary responsibility for deescalation.
Existing law, the Nursing Practice Act, provides for the licensure and regulation of the practice of nursing by the Board of Registered Nursing. The Vocational Nursing Practice Act provides for the licensure and regulation of vocational nurses by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. The Nursing Practice Act establishes the Board of Registered Nursing Fund and the Vocational Nursing Practice Act establishes the Vocational Nursing and Psychiatric Technicians Fund. This bill would enact the Nurse Licensure Compact, under which the Board of Registered Nursing and the Board of Vocational Nursing and Psychiatric Technicians would be authorized to issue a multistate license that would authorize the holder to practice as a registered nurse or a licensed vocational nurse, as applicable, in all party states under a multistate licensure privilege, as specified. The bill would designate the Board of Registered Nursing as the licensing board for registered nurses for purposes of the compact and would designate the Board of Vocational Nursing and Psychiatric Technicians as the licensing board for vocational nurses for purposes of the compact. The bill would require the boards to participate in a coordinated licensure information system that would include all of the licensure and disciplinary history of all licensed registered nurses and licensed vocational nurses. The bill would provide that the Board of Registered Nursing and the Board of Vocational Nursing and Psychiatric Technicians shall alternate as the administrator of the compact for the state and as members of an entity known as the Interstate Commission of Nurse Licensure Compact Administrators. The bill would authorize the commission to adopt rules that have the force and effect of law. The bill would prohibit fees collected by the Board of Registered Nursing or the Board of Vocational Nursing and Psychiatric Technicians for purposes of granting a multistate license pursuant to the bill from exceeding the cost of administering that multistate license under the compact and would require those fees to be deposited in the Board of Registered Nursing Fund or the Board of Vocational Nursing and Psychiatric Technicians Fund, as applicable. By authorizing out-of-state licensees to practice in this state under the multistate compact privilege created by the bill, the bill would expand the scope of the criminal provisions of the Nursing Practice Act and the Vocational Nursing Practice Act, thereby imposing 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 generally regulates classes of insurance, including liability insurance. Existing law generally regulates provisions in liability insurance policies and sets forth requirements for lawsuits filed as a result of injury covered by a liability insurance policy. Under existing caselaw, a "suit" or "lawsuit" as used in a liability insurance policy is construed against the insurer to protect the insured's reasonable expectation of coverage, and therefore those terms include administrative adjudications. This bill would codify that existing caselaw by specifying that, in addition to a lawsuit filed in a court of law, a "suit" or "lawsuit" as those terms are used in a liability insurance policy include an order, directive, mandate, requirement, or other regulatory enforcement action or agreement by any federal, state, or local agency with jurisdiction to enforce environmental laws or regulations requiring an insured party to take action with respect to contamination within the state. The bill would ensure this definition does not apply if its application is contrary to the intent of the parties to the policy.
Existing law requires proceedings in cases involving, among other things, election contests and the certification or denial of certification of candidates, be placed on the calendar in the order of their date of filing and given precedence on the court's calendar. This bill would subject proceedings in cases involving fraudulent campaign materials to the above-described requirements.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. This bill would require the commission to ensure that each electrical rate schedule does not cause an unreasonable hardship on senior citizens, renters, families with minor children, medically vulnerable customers, or economically vulnerable residential customers in hot climate zones, as specified. The bill would provide that any electrical rate schedule that imposes rates on those identified customers above baseline rates during any hour where the temperature is above 90 degrees Fahrenheit for the duration of the hour is considered an unreasonable hardship.
(1) The Motor Vehicle Fuel Tax Law, administered by the California Department of Tax and Fee Administration, imposes a tax upon each gallon of motor vehicle fuel removed from a refinery or terminal rack in this state, entered into this state, or sold in this state, at a specified rate per gallon. Existing law requires the department to adjust the tax on July 1 each year by a percentage amount equal to the increase in the California Consumer Price Index, as calculated by the Department of Finance. Article XIX of the California Constitution restricts the expenditure of revenues from the Motor Vehicle Fuel Tax Law, Diesel Fuel Tax Law, and other taxes imposed by the state on fuels used in motor vehicles upon public streets and highways to street and highway and certain mass transit purposes. This bill would authorize the Governor to suspend an adjustment to the motor vehicle fuel tax, as described above, scheduled on or after July 1, 2025, upon making a determination that increasing the rate would impose an undue burden on low-income and middle-class families. The bill would require the Governor to notify the Legislature of an intent to suspend the rate adjustment on or before January 10 of that year, and would require the Department of Finance to submit to the Legislature a proposal by January 10 that would maintain the same level of funding for transportation purposes as would have been generated had the scheduled adjustment not been suspended. (2) The California Constitution provides for the establishment of the State Board of Equalization, which, before July 1, 2017, had primary responsibility for most of the state's duties, powers, and responsibilities regarding the administration of taxes and fees. Existing law, on July 1, 2017, transferred to the California Department of Tax and Fee Administration various duties, powers, and responsibilities of the State Board of Equalization, including administration of the Motor Vehicle Fuel Tax Law and the Diesel Fuel Tax Law, as specified. This bill would also change references in these provisions of law from the "State Board of Equalization" to the "California Department of Tax and Fee Administration" or "department," as applicable, to reflect the transfer of the board's duties, powers, and responsibilities to the department. (3) This bill would take effect immediately as a tax levy.
Existing law establishes the Green Ribbon Science Panel and authorizes the panel to, among other things, assist the Department of Toxic Substances Control in developing green chemistry and chemical policy recommendations and implementation strategies and details. Existing law requires the department to provide for staff and administrative support to the panel. Existing law requires the panel to meet at least twice each year. This bill would increase the number of times the panel is required to meet to at least 3 times each year.
(1) The Street Lighting Act of 1919 provides for an alternative system for making improvements to street lighting systems, as defined. The act authorizes, when, in the opinion of the city council of any city, the public interest or convenience requires, that the city may, among other things, order that any street lighting system be maintained in or along the whole or any part of any one or more of the streets in that city. This bill would, in addition to the Landscaping and Lighting District of the City of South El Monte's existing authority to perform specified maintenance and operations under the Street Lighting Act of 1919, authorize that district to also make improvements and perform maintenance pursuant to the Landscaping and Lighting Act of 1972. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of South El Monte.
