Existing law, the Pharmacy Law, establishes the California State Board of Pharmacy within the Department of Consumer Affairs to license and regulate pharmacists. Existing law provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and for the regulation of health insurers by the Department of Insurance. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, requires a pharmacy benefit manager under contract with a health care service plan to, among other things, register with the Department of Managed Health Care. This bill would require the California State Board of Pharmacy to license and regulate pharmacy benefit managers that manage the prescription drug coverage provided by a health care service plan or health insurer, except as specified. The bill would set forth various duties of pharmacy benefit managers, including requirements to file a report with the board. The bill would prohibit a pharmacy benefit manager from, among other things, contracting after January 1, 2024, to prohibit or restrict a pharmacy or pharmacist from disclosing to an enrollee or insured health care information that the pharmacy or pharmacist considers appropriate. This bill would require the board to promulgate necessary regulations and to prepare a report to the Legislature on or before August 1, 2025, and on or before each August 1 thereafter, with aggregate data received from pharmacy benefit managers, establish a data retention schedule, and protect proprietary and confidential information, as specified. 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 requires the governing board of a community college district to admit to the community college any California resident, and authorizes the governing board to admit any nonresident, possessing a high school diploma or the equivalent of a high school diploma. Existing law also authorizes the governing board of a community college district to admit to the community college certain other persons, as provided. This bill would make nonsubstantive changes to those provisions.
Existing law imposes an annual minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state. Existing law also imposes an annual tax in an amount equal to the minimum franchise tax on every limited partnership, limited liability partnership, and limited liability company doing business in this state, as specified. This bill, for taxable years beginning on or after January 1, 2023, would exempt corporations incorporated in this state from the minimum franchise tax until the first taxable year in which the corporation has gross receipts of $20,000. The bill would also exempt a limited partnership, limited liability partnership, and limited liability company from the annual tax until the first taxable year in which the business has gross receipts of $20,000. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. The bill also would include additional information required for any bill authorizing a new income tax expenditure. This bill would take effect immediately as a tax levy.
Existing law, Bergeson-Peace Infrastructure and Economic Development Bank Act, establishes the California Infrastructure and Economic Development Bank (I-Bank) in the Governor's Office of Business and Economic Development, that is governed by a board of directors. The act, among other things, authorizes the I-Bank to make loans, issue bonds, and provide financial assistance for various types of projects that qualify as economic development or public development facilities. This bill, the End the Foster Care-to-Homelessness Pipeline Act, would establish the End the Foster Care-to-Homelessness Pipeline Program within the I-Bank to guarantee qualified loans made by financial institutions to qualified nonprofit and for-profit businesses for the construction, acquisition, and renovation of housing for current and former foster youth between 18 and 25 years of age and who qualify for specified programs. The bill would authorize the bank, in determining whether to guarantee a qualified loan, to give preference to counties with high housing inelasticity and high rates of foster youth, as specified. The bill would authorize the bank to reimburse up to 80% of the guaranteed portion of principal and interest that result from a qualified loan that is in default, not to exceed $250,000,000, and would require the Controller to transfer moneys from the General Fund to the California Infrastructure and Economic Development Bank Fund, at the direction of the bank, for that purpose. By requiring the Controller to transfer moneys into a continuously appropriated fund, the bill would make an appropriation.
(1) Existing law, in a criminal trial, allows evidence of mental disease, mental defect, or mental disorder solely for the issue of whether or not the accused actually formed a required specific intent, premeditated, deliberated, or harbored malice aforethought, when a specific intent crime is charged. This bill would instead allow that evidence for the issue of whether or not the accused actually formed the required mental state for the crime that is charged, including whether or not the accused committed a willful act, premeditated, deliberated, harbored malice aforethought, acted knowingly, acted maliciously, or acted with conscious disregard for human life. (2) Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking, intimate partner violence, or sexual violence, to petition the court, under penalty of perjury, for vacatur relief. To receive that relief, existing law requires that the person establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking, intimate partner violence, or sexual violence, which demonstrates that the person lacked the requisite intent to commit the offense. Existing law requires the court, under those circumstances, to find that the person lacked the requisite intent to commit the offense and to vacate the conviction as invalid due to legal defect at the time of the arrest or conviction. This bill would allow that relief for a person arrested or convicted of any offense. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. (3) Existing law creates an affirmative defense against a charge of a crime that the person was coerced to commit the offense as a direct result of being a victim of human trafficking, intimate partner violence, or sexual violence at the time of the offense and when the person had reasonable fear of harm. Existing law prohibits this defense from being used with respect to a violent felony, as defined. This bill would allow that defense to be used with respect to a violent felony. (4) If a court issues an order for a person who was arrested or convicted of an offense while they were a victim of intimate partner violence or sexual violence, existing law requires the court to order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner to seal their records of the arrest and the court order to seal and destroy the records within 3 years from the date of the arrest, or within one year after the court order is granted, whichever occurs later, and thereafter to destroy their records of the arrest and the court order to seal and destroy those records. This bill would require the court to also order any law enforcement agency that has taken action or maintains records because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole, to seal and destroy their records. The bill would require the agencies mentioned above to seal their records of arrest and court order to seal and destroy the records within one year from the date of arrest, or within 90 days after the court order is granted, whichever occurs later. The bill would require the agencies to destroy these records within one year of the date of the court order. The bill would also require the Department of Justice to notify the petitioner and the petitioner's counsel that the department has complied with the order to seal the arrest records by the applicable deadline. (5) Existing law requires the court, when a judgment of imprisonment is imposed and specifies 3 possible terms, to impose the middle term unless there are circumstances in aggravation or mitigation of the crime. Existing law requires the court to order imposition of a lower term if the person has experienced psychological, physical, or childhood trauma, is or was a youth, as defined, at the time of the commission of the offense, or was a victim of intimate partner violence or human trafficking, unless the aggravating circumstances so far outweigh the mitigating circumstances that the imposition of the lower term would be contrary to the interests of justice. This bill would require the court, when deciding whether the aggravating circumstances outweigh the mitigating circumstances, to only consider those aggravating circumstances that have been stipulated to by the defendant, or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial. The bill would require the court, except in specified circumstances, to, upon the request of the defendant, bifurcate the trial on the circumstances in aggravation from the trial of charges and enhancements. (6) Existing law requires a person convicted of 2 or more felonies to be sentenced to an aggregate term of imprisonment for all convictions at a sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements, prior convictions, and prior prison terms. Under existing law, a principal term consists of the greatest term of imprisonment imposed by the court for any of the crimes, including any term imposed for applicable enhancements. Under existing law, the subordinate term for each consecutive offense is 1/3 of the middle term of imprisonment prescribed for each other felony conviction for which a consecutive term of imprisonment is imposed, including 1/3 of the term imposed for any specific enhancements applicable to those subordinate offenses. This bill would, unless contrary to the interests of justice, prohibit a court from imposing consecutive terms for 2 or more felonies if the person has experienced psychological, physical, or childhood trauma, is or was a youth at the time of the commission of the offense, or was a victim of intimate partner violence or human trafficking prior to the instant offense, or at the time of the commission of the offense. (7) Existing law imposes various sentence enhancements, consisting of additional and consecutive terms of imprisonment. This bill would prohibit a court, unless contrary to the interests of justice, from imposing a term of imprisonment for any sentence enhancement if the person has experienced psychological, physical, or childhood trauma, is or was a youth at the time of the commission of the offense, or was a victim of intimate partner violence or human trafficking prior to the instant offense, or at the time of the commission of the offense. (8) 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 requires the Judicial Council to sponsor a pilot program for 2 fiscal years to study whether increases in juror compensation and mileage reimbursement rates increase juror diversity and participation. Existing law requires the Judicial Council to provide a report to the Legislature describing the findings of the pilot program and providing information for promoting juror diversity. This bill would require the Judicial Council to also make the report available to the public on its website.
Existing law requires the Franchise Tax Board to administer and enforce the Personal Income Tax Law and the Corporation Tax Law and requires a payment required of an individual pursuant to those provisions to be electronically remitted to the Franchise Tax Board in the form and manner prescribed by the board if any of certain conditions are met, including that the total tax liability exceeds $80,000. Existing law requires a taxpayer required to electronically remit payment pursuant to that provision who makes payment by other means to pay a penalty of 1% of the amount paid, unless it is shown that the failure to make payment as required was for reasonable cause and was not the result of willful neglect. This bill would cap the amount of the 1% penalty described above at $25,000 per payment. The bill would apply that cap to a payment made on or after January 1, 2024, and to a payment made before January 1, 2024, that is, or may be, the subject of a timely filed protest or claim for refund. This bill would also make findings and declarations related to a gift of public funds.
Existing law prescribes the powers and duties that are common to cities and counties, including the powers and duties of legislative bodies. Under existing law, whenever a statute requires a local agency to take legislative action by resolution, and the local agency's charter requires it to take legislative action by ordinance, action by ordinance is compliance with the statute for all purposes. This bill would make a nonsubstantive change to those provisions.
The Personal Income Tax Law allows various credits against the taxes imposed by that law. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2024, and before January 1, 2029, to a qualified taxpayer, as defined, in an amount equal to 40% of the taxpayer's qualified expenses, as defined, not to exceed $400 per taxable year, or $2,000 cumulatively. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. The bill would also include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
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 prohibit an electrical corporation from proposing a rate increase above the rate of inflation, as specified, except with the approval of the commission. The bill would authorize the commission to approve a rate increase above the rate of inflation if the commission determines that those costs are directly related to safety enhancements and modernization, or higher commodity or fuel costs. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the above-described requirements would be a part of the act, and because a violation of an action of the commission implementing the above-described prohibition would be a crime, 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, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers for the provision of community services and supports for persons with developmental disabilities and their families. Existing law also vests in the department jurisdiction over various state developmental centers for the provision of care to persons with developmental disabilities. Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per-child per-month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider. Existing law establishes the Approved Relative Caregiver Funding Program (ARC) , in counties that choose to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. Existing law establishes the state-funded Kinship Guardianship Assistance Payment Program (Kin-GAP) , which provides aid on behalf of eligible children who are placed in the home of a relative guardian. Existing law establishes the state-funded Adoption Assistance Program (AAP) , which provides financial and medical coverage to facilitate the adoption of children who would otherwise remain in long-term foster care. Existing law requires specified rates for children who are both regional center consumers and recipients of AFDC-FC, ARC, Kin-GAP, or AAP benefits. Existing law requires the State Department of Social Services and the State Department of Developmental Services to provide specified data related to the provision of those services to children who also receive AFDC-FC, ARC, Kin-GAP, or AAP benefits to the Joint Legislative Budget Committee on an annual basis. This bill would, instead, require the State Department of Social Services and the State Department of Developmental Services to provide the specified data to the Joint Legislative Budget Committee 3 times a year, on March 1, July 1, and November 1 of each year.
Existing law, the Information Practices Act of 1977, imposes limitations on the right of state governmental agencies to disclose personal information about an individual. Existing law defines various terms for purposes of the act, including the terms "agency" and "record." This bill would expand the term "agency" to include any vendor or contractor of that agency.
