Existing law establishes the Office of Land Use and Climate Innovation in the Governor's office for the purpose of serving the Governor and the Governor's cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency. This bill would require the office, on or before July 1, 2028, to compile, standardize, maintain, and make publicly available through a consolidated online platform a core set of statewide standardized spatial planning datasets, as defined. The bill would require the datasets to include specified categories of information, including hazardous data, natural resource sensitivity data, and agricultural value data, as provided. The bill would also require the office, on or before January 1, 2029, to develop and provide guidance for agencies to inform how to use and integrate the datasets in regional planning processes and products. The bill would require the office to update those datasets as new or revised data becomes available from the originating state or federal agencies. This bill would permit state, regional, and local governments to consider use of the standardized spatial planning datasets published by the office in the development and production of land use and infrastructure plans, as specified. The bill would require the office to provide technical assistance, upon request, for use of the data from these provisions. The bill would specify that it does not create new regulatory requirements, regulate land use or zoning, establish land use designations, or preempt the local land use authority of cities and counties.
Existing law establishes an Aging and Disability Resource Connection (ADRC) program, administered by the California Department of Aging, to provide information to consumers and their families on available long-term services and supports (LTSS) programs and to assist older adults, caregivers, and persons with disabilities in accessing LTSS programs at the local level. Existing law requires area agencies on aging and independent living centers to be the core local partners in developing and operating ADRC programs, and sets out their duties. This bill would prohibit the California Department of Aging from revoking the designation of an ADRC program solely due to the revocation or voluntary termination of a designation, suspension, or temporary inability of either the area agency on aging or the independent living center partner to serve in its operator role, and would authorize the remaining partner to continue to operate the ADRC independently during a transition period, as specified. The bill would require the ADRC to be dissolved at the end of the extension term unless specified entities jointly agree to continue the program. The bill would also authorize the department to extend the terms of the ADRC contract if two or more qualified entities are in the process of consolidation. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Naturopathic Doctors Act, which is repealed on January 1, 2027, establishes the California Board of Naturopathic Medicine within the Department of Consumer Affairs to license and regulate naturopathic doctors. The act requires the board to consist of 9 members, appointed by the Governor, Speaker of the Assembly, or the Senate Committee on Rules, as specified, and requires each member of the board be appointed to a 4-year term. This bill would instead repeal those provisions on January 1, 2031. The bill would specify that the 4-year term expires 4 years after the date of the appointment. To ensure staggered terms, the bill would require that specified members appointed by the Governor after the effective date of this bill be appointed for prescribed term lengths and thereafter would require all appointments be for four-year terms. The bill would also make nonsubstantive changes to the provisions specifying the appointment authorities for the board members. Existing law sets forth fees associated with the application and renewal of a license, including a renewal fee of $1,000 and authorizing an increase to not more than $1,200. This bill would, instead, specify that this fee range applies to the renewal of an active license and would require the renewal fee for an inactive license to be one-half of the current renewal fee for an active license. The bill would authorize the board to accept the voluntary cancellation of a naturopathic doctor's license, as prescribed, upon the written request of the licensee, provided that the cancellation is not in lieu of an administrative enforcement action. Existing law requires an applicant to have received a degree in naturopathic medicine from an approved naturopathic medical school, as specified. Existing law requires the board to approve a naturopathic medical school program that is accredited by the Council on Naturopathic Medical Education (CNME) or another federally recognized accrediting body if the program meets specified admission and program requirements. This bill would, instead, require the board to approve a program that is accredited by either the CNME or a substantially equivalent accreditor, or that is housed in an accredited institution and meets standards substantially equivalent to those required by CNME, if the program meets the above-described admission and program requirements and other specified requirements. Existing law, the Medical Practice Act, makes it a crime to practice or hold oneself out as practicing medicine, as specified, without having a certificate to do so. Under existing law, providing services other than those specified is not a violation of that crime if the person providing those services discloses that they are not a licensed physician, among other things, and obtains a written acknowledgment from the client before providing those services. The Naturopathic Doctors Act makes it a crime to claim to be a naturopathic doctor without a valid license under the act but does not restrict use of the title "naturopath." The Naturopathic Doctors Act also does not limit activity otherwise allowed by law, including the practice of naturopathy, and authorizes an unlicensed person who engages in specified activities to represent that they "practice naturopathy," if they comply with the above-described provisions of the Medical Practice Act. This bill would revise and recast those provisions. Specifically, the bill would make it a crime to practice or hold oneself out as practicing naturopathic medicine, as specified, without having a license to do so. The bill would specify that engaging in activity that is otherwise allowed by law or using the title "naturopath" is a not a violation of this crime if the person complies with the above-described provisions of the Medical Practice Act and discloses they are not a naturopathic doctor, as provided. By establishing a new crime, this bill would impose a state-mandated local program. Existing law, the Medical Practice Act, prohibits use of any fictitious, false, or assumed name by a physician and surgeon or any doctor of podiatric medicine, as specified, in any public communication, advertisement, sign, or announcement of a practice without a fictitious-name permit. Existing law requires the Medical Board of California or the Division of Licensing to issue a fictitious-name permit if the applicant for the permit satisfies certain conditions, including having a name that includes specified designations. This bill would prohibit the use of any fictitious, false, or assumed name by a naturopathic doctor, as specified, in any public communication, advertisement, sign, or announcement of a practice without a fictitious-name permit. The bill would require the California Board of Naturopathic Medicine to issue a fictitious-name permit if the applicant for the permit satisfies certain conditions. The bill would require the application fee for a fictitious name permit to be $100 and would require the renewal fee for a fictitious-name permit to be $50. The Naturopathic Doctors Act authorizes the board to grant a license to an applicant who meets specified requirements, but who graduated before 1986, and passed a state or Canadian Province naturopathic licensing examination, as specified. The act requires that applications under this provision be received no later than December 31, 2007. This bill would repeal those provisions. 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.
(1) Existing law requires a court to determine whether a minor in custody will be released from, or detained in, custody, considering, among other things, whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another and whether continuance in the home is contrary to the minor's welfare. This bill would prohibit the court from ordering that a minor be detained in a juvenile hall unless it makes a finding that a less restrictive alternative to detention in the juvenile hall is unsuitable. The bill would also require the court, upon request, to reconsider whether continued detention in the juvenile hall is necessary based on new or current information and consistent with these provisions. (2) Existing law prohibits a ward or dependent child from being taken from the physical custody of a parent or guardian unless the court makes specified findings. Under existing law, if a minor is removed from the physical custody of the minor's parent or guardian as a result of an order of wardship pursuant to specified provisions, the order is required to specify the period of imprisonment. Existing law authorizes the court to commit a minor to a juvenile hall, juvenile home, ranch, camp, or forestry camp. This bill would prohibit a minor from being committed to physical confinement, unless the court finds that a less restrictive alternative disposition for the ward is unsuitable. The bill would require the court to consider, prior to removing a minor from the physical custody of the minor's parent or guardian, whether reasonable efforts were made to prevent or eliminate the need for removal or continued removal from the home, and whether services could be provided to enable the child's parent or legal guardian to effectively provide the care and control necessary for the child to return home.
Existing law, the Transit District Law, establishes the Alameda-Contra Costa Transit District with various powers and duties relative to transportation projects and services and the operation of public transit in the Counties of Alameda and Contra Costa. Existing law establishes the Public Employment Relations Board (PERB) in state government as a means of resolving disputes and enforcing the statutory duties and rights of specified public employers and employees under various acts regulating collective bargaining, including the Meyers-Milias-Brown Act. Existing law includes within PERB's jurisdiction the resolution of disputes alleging violation of rules and regulations adopted by a public agency, as defined, concerning unit determinations, representations, recognition, and elections, as specified. Existing law authorizes PERB to adopt rules and regulations to carry out its purposes, as provided. This bill would vest PERB with jurisdiction to enforce certain provisions related to the district's employees over charges of unfair practices for represented district employees, subject to a selection by an exclusive representative. The bill, in the case of such a selection, would give PERB jurisdiction over the initial determination as to whether those charges are justified and, if so, the appropriate remedy, subject to certain restrictions. The bill would require that PERB's regulations apply, as appropriate, to the district, and authorize PERB to make additional emergency regulations applicable to the district. The bill would require the district to give reasonable written notice to an exclusive representative of its employees of its intent to make any change to matters within the scope of representation of the employees represented by the exclusive representative, as specified. The bill would make it unlawful for the district or an employee organization to engage in certain acts, including imposing or threatening to impose reprisals on employees, refusing to meet and negotiate in good faith, or refusing to participate in good faith in mutually agreed upon impasse procedures. This bill would authorize any charging party, respondent, or intervenor aggrieved by a final decision or order of PERB in an unfair practice case, except a decision of PERB not to issue a complaint in such a case, to petition for a writ of extraordinary relief from that decision or order, as specified. The bill, if the time to petition for extraordinary relief from a PERB decision or order has expired, would authorize PERB to seek enforcement of any final decision or order in a district court of appeal or superior court having jurisdiction over the county where the events giving rise to the decision or order occurred, as specified. By imposing new duties on the district, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the district. 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.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities. 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 assess opportunities for rate structures to ensure data centers pay a reasonable share of their costs associated with transmission and distribution needs, ensure that data centers pay for their proportionate share of load increases and procurements needed to reliably serve their loads while maintaining consistency with the applicable integrated resource planning requirements, and alleviate cost pressures on residential ratepayers.
(1) 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 (department) , as specified, and that application is approved. Existing law requires the department to adopt regulations setting forth requirements for the submission and approval of an application, including, among other things, any testing, equipment, and performance standards the department concludes are necessary to ensure the safe operation of autonomous vehicles on public roads, as specified. Existing law requires manufacturers of autonomous vehicles that operate without a human operator physically present in the vehicle, except as provided, to comply with certain requirements, including, among other things, to maintain a dedicated emergency response telephone line that is available for emergency response officials and to equip each autonomous vehicle with a 2-way voice communication device that enables emergency response officials who are near the vehicle to communicate effectively with a remote human operator, as specified. Under existing law, an "emergency response official" includes, but is not limited to, emergency dispatchers, peace officers, as specified, and first responders. This bill would require manufacturers of autonomous vehicles to maintain communications capacity sufficient to support the maximum number of concurrent remote assistance or teleoperations sessions, as specified. The bill would require remote drivers to be located within the United States and hold a driver's license that is valid for operation in California, is of the appropriate class, and includes any required endorsements. The bill would require an autonomous vehicle manufacturer to ensure, through its staffing and assignments, that local incident technicians are immediately dispatched upon notification, electronically or otherwise, of a crash or other incident or upon receiving a request from an emergency response official or 911 dispatch center. The bill would, in the event of a fleetwide emergency or system failure that may create a traffic hazard or impeded emergency response, require an autonomous vehicle manufacturer to immediately notify affected local jurisdictions, including emergency dispatch, of the location and status of their fleet and deploy local incident technicians, where appropriate, whenever affected vehicles cannot be remotely recovered. The bill would require the department, on or before July 1, 2028, to adopt guidelines establishing reasonable response times for local incident technicians to be present at the scene upon the request of an emergency response official or 911 dispatch center. The bill would expand the definition of "emergency response official" for these purposes to also include traffic control, traffic enforcement, and parking enforcement personnel from a public agency in an applicable jurisdiction. The bill would require autonomous vehicle manufacturers, for an autonomous vehicle that operates as a commercial vehicle and that is not equipped with manual controls for completing the dynamic driving task, to ensure that remote assistants or remote drivers have the ability to place the autonomous vehicle in neutral to allow an emergency response official to move the vehicle, cause the autonomous vehicle to move as directed by an emergency response official, or turn off the vehicle and have it remain stationary until otherwise directed by an emergency response official. The bill would require autonomous vehicle manufacturers to maintain data on response times of local incident technicians and responses to fleetwide emergencies or system failures, emergency events, immobilizations, obstructions, crashes, and requests from emergency response officials. The bill would require autonomous vehicle manufacturers to provide this data to the department quarterly and would require the department to publish summary statistics on its internet website, as specified. The bill would authorize the department to share records with the Public Utilities Commission to support regulatory oversight of autonomous vehicle passenger service operations. The bill would specify that a violation of the above provisions is not a crime. The bill would authorize a city attorney or county counsel to bring a civil action on behalf of a city, county, or city and county to enforce specified violations of the above provisions. The bill would authorize a court to impose specified civil penalties payable to the jurisdiction bringing the action, as specified. (2) Existing law establishes the Commission on Peace Officer Standards and Training (POST) within the Department of Justice and requires the commission to develop guidelines and implement courses of instruction regarding specified topics, including, among others, racial profiling, handling domestic violence, and human trafficking. This bill would require POST to develop uniform guidelines and requirements for, and to provide approval of, the training and written guidance required to be provided by autonomous vehicle manufacturers. The bill would authorize POST to impose fees sufficient to cover the reasonable regulatory costs associated with administering these provisions. The bill would require POST to implement a course or courses of instruction for voluntary training of law enforcement officers, as defined, on autonomous vehicles that operate as commercial vehicles as it relates to public safety and to develop related uniform minimum guidelines for voluntary use by California law enforcement agencies, as specified. The bill would require the course or courses, learning and performance objectives, training standards, and guidelines to be developed in consultation with appropriate groups and individuals that have an interest and expertise in the field of the operation of autonomous vehicles, as specified. (3) The bill would make its provisions operative July 1, 2028.
(1) Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing to license and regulate the practice of nursing. Existing law requires an applicant for licensure as a registered nurse to comply with specified education and other requirements. This bill would also require an applicant for licensure as a registered nurse to undergo a fingerprint-based state and national criminal history background check, would require the board to submit to the Department of Justice (department) fingerprint images and related information for applicants, and would require the department to provide a state- and federal-level response, as specified. (2) Existing law requires the department to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers and officials, as well as other prescribed entities, including, among others, a city, county, city and county, or district, if needed in the course of their duties. Existing law authorizes the Attorney General to furnish state summary criminal history information and, if authorized, federal-level criminal history information, upon a showing of a compelling need, to specified entities, including, among others, peace officers of the United States, other states, or territories or possessions of the United States. Existing law makes it a misdemeanor to furnish criminal history information to a person who is not authorized by law to receive it. This bill would instead make those provisions applicable to a city, county, city and county, or governmental district. The bill would also authorize the Attorney General to provide that information to peace officers of tribes in other states under the same conditions. The bill would prescribe a procedure by which a city, county, city and county, or governmental district submit fingerprint images and related information to the department. The bill would make a release of information by the department under these provisions subject to specified federal regulations. By expanding access to criminal history information, this bill would expand a crime and therefore impose a state-mandated local program. (3) Existing law requires employees, prospective employees, volunteers, contractors, and subcontractors of a criminal justice agency to undergo a fingerprint-based state and national criminal history background check. Existing law requires the department to provide a state- and federal-level response, as specified. This bill would make that provision, with regard to a volunteer, contractor, or subcontractor, only applicable to a volunteer, contractor, or subcontractor who either provides services for the administration of criminal justice or has direct or remote access to the criminal justice agency's systems or unescorted access to a criminal justice agency's facilities. (4) Existing law requires employees of entities that have contracts with a private school or heritage school and provide services, including schoolsite administrative or grounds, landscape maintenance, and instruction, to provide their fingerprints to the department, as specified. Existing law requires employees of an entity that contracts with a local educational agency to complete a criminal background check, as specified. Under existing law, a county, city, city and county, or special district is required to have specified prospective employees or volunteers complete a background check that inquires as to whether the applicant has been convicted of certain offenses. Existing law also requires the submission of fingerprints to the department for certifying a massage professional, licensing a professional fiduciary, registering a tax preparer, confirming the appointment of a humane officer, working for a bank or its affiliates, and licensing an escrow agent, as specified. Existing law requires the department to ascertain whether the individual whose fingerprints were submitted has been arrested or convicted of a crime and notify the employer if the person has been convicted of specified felonies. Existing law authorizes the department to notify specified entities of pending criminal proceedings. This bill would instead require those background checks to be submitted pursuant to the provisions above and would make conforming changes. (5) Existing law authorizes a human resource agency, as defined, or a nonprofit corporation or other organization specified by the Attorney General that employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children to request from the department records of all convictions or any arrest pending adjudication involving specified offenses of a person who applies for a license, employment, or volunteer position in which they would have supervisory or disciplinary power over a minor or any person under their care. This bill would revise and recast those provisions to instead allow a qualified entity, as defined, to require a covered individual, as defined, to undergo a fingerprint-based state and national criminal history background check and would authorize a qualified entity to get a subsequent arrest notification pursuant to the provisions above. By expanding access to criminal history information, this bill would expand a crime and therefore impose a state-mandated local program. The bill would make any statutory requirement for an entity to conduct a federal criminal history information check for licensing, certification, or employment purposes inapplicable until the Federal Bureau of Investigation authorizes the entity to conduct a federal criminal history information check, as specified. If the Federal Bureau of Investigation authorizes an entity to conduct a federal criminal history information check, the bill would require the entity to require an applicant, licensee, certified individual, or employee who did not previously undergo a federal criminal history information check to resubmit their fingerprints for that purpose. (6) Existing law requires an application used to determine the eligibility to own a firearm to include 2 copies of the applicant's fingerprints. This bill would instead require an applicant for a certificate of eligibility and a dangerous weapons license or permit issued by the department, including, among other weapons, an assault weapon or short-barreled shotgun, to submit to the department fingerprint images and related information for purposes of conducting a state and national criminal history background check, as specified, and for the purpose of determining if the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. The bill would require the department to retain the fingerprint impressions for subsequent arrest notification, as specified. (7) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires the State Department of Health Care Services to screen all providers and designate each provider as "limited," "moderate," or "high" categorical risk. For all providers designated as a "high" categorical risk, existing law requires the State Department of Health Care Services, or its designee, to conduct a criminal background check and require specified individuals to submit a set of fingerprints within 30 days of the State Department of Health Care Services's request in a manner specified by the State Department of Health Care Services. This bill would instead add the State Department of Public Health in place of the State Department of Health Care Services's authority to have a designee for these purposes. The bill would require, as an alternative to the State Department of Health Care Services, the State Department of Public Health to prescribe the manner by which a person submits their fingerprints. (8) Existing law requires the State Department of Health Care Services to require that specified applicants, providers, and individuals submit fingerprint images and related information for purposes of a state and federal criminal background check and prescribes a procedure for the State Department of Health Care Services and the department to follow for these purposes. This bill would also add the State Department of Public Health to this requirement and procedure as an alternative to the State Department of Health Care Services and would instead require the information be submitted for specified individuals who are subject to a state and national criminal history background checks. The bill would define "applicant" and "provider" for these purposes. (9) Existing law requires the State Department of Social Services to license and regulate community care facilities, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, and childcare centers. Existing law requires the department to obtain a criminal record for all applicants for licenses for these facilities and services and specified other employees and officers of these facilities, including, among others, adults responsible for the administration or direct supervision of staff, a staff person, volunteer, or employee who has contact with clients, and, if the applicant is a firm, partnership, association, or corporation, the chief executive officer or other person serving in a like capacity. This bill would expand the list of individuals to include, among others, an administrator, supervisor, manager, or director of the facility, or an individual acting in those roles, an adult responsible for the operation of the facility, and a person with a 10% or greater financial interest in the applicant. The bill would clarify that a staff person, volunteer, or employee who has direct contact with clients includes adults and minors. The bill would also include limited liability companies in the list of applicant types to which these provisions apply. By expanding access to criminal history information, this bill would expand a crime and therefore impose a state-mandated local program. (10) Existing law authorizes specified governmental entities to require employees, prospective employees, volunteers, contractors, and subcontractors to undergo fingerprint-based state and national criminal history background checks. Existing law establishes the Business and Consumer Services Agency, the California Housing and Homelessness Agency, and the Housing Development and Finance Committee. Existing law sets forth the general responsibilities and roles of the California Housing Finance Agency, the California Housing and Homelessness Agency, the Department of Housing and Community Development, and the Housing Development and Finance Committee in carrying out state housing policies and programs. This bill would authorize the Housing Development and Finance Committee to require an employee, prospective employee, volunteer, contractor, or subcontractor to undergo a fingerprint-based state and national criminal history background check, as specified. The bill would require the department to provide a state- and federal-level response. By expanding access to criminal history information, this bill would expand a crime and therefore impose a state-mandated local program. (11) Existing law, the Yacht and Ship Brokers Act, prohibits a person from, among other things, acting as a broker or salesperson for the purchase or sale of a yacht without a license. The act authorizes the issuance of a temporary license to a salesperson under specified conditions. The act requires an applicant for a broker or salesperson license to undergo a fingerprint-based state and national criminal history background check. This bill would authorize a temporary license to be issued to a broker. The bill would also authorize the Deputy Director of Boating and Waterways to extend the term of a temporary license or issue a new temporary license to provide an applicant for a broker or salesperson license time to comply with the criminal history background requirement, as specified. (12) This bill would incorporate additional changes to Section 44237 of the Education Code proposed by SB 685 to be operative only if this bill and SB 685 are enacted and this bill is enacted last. (13) This bill would incorporate additional changes to Section 11105 of the Penal Code proposed by AB 2001 to be operative only if this bill and AB 2001 are enacted and this bill is enacted last. (14) 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. (15) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the State Department of Social Services, in collaboration with the State Department of Education, to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates for subsidized childcare and development services, and to develop and conduct an alternative methodology for ratesetting, as specified. Existing law requires the Governor and the Legislature to, by no later than July 1, 2025, establish reimbursement rates based on the alternative methodology, as specified. Existing law requires the department to provide quarterly updates from October 1, 2024, to July 1, 2027, inclusive, on the implementation of the new reimbursement rates set under the alternative methodology. If the new reimbursement rates do not take effect on July 1, 2025, existing law also requires the department to provide the Legislature with a timeline for transitioning from the rates that are in effect on July 1, 2025, to the new established rates. This bill would instead, under those circumstances, require the department to provide the Chairperson of the Joint Legislative Budget Committee with the department's anticipated timeline for the above-described rate transition. The bill would also require the quarterly reports described above to continue until July 1, 2028. Existing law states the intent of the Legislature that the reimbursement rates established under the alternative methodology satisfy certain parameters, including, among others, that the rates vary based on geography, type of care setting, regulatory requirements applicable to each type of care setting, time categories, and child age. This bill would impose various requirements on the department, in consultation with the State Department of Education, when establishing new reimbursement rates using a single-rate structure informed by the alternative methodology, to the extent those requirements are consistent with the approved Child Care and Development Fund state plan. Among other things, the bill would require the department to vary rates based on geographic regions and specific age groupings and to include in the rates an enhanced rate for nonstandard hours of care and enhanced inclusion rates for children with special needs. The bill would authorize the department to implement these provisions by means of all-county letters, childcare bulletins, or similar written instructions. This bill would incorporate additional changes to Section 10227.6 of the Welfare and Institutions Code proposed by AB 190 or SB 190 to be operative only if this bill and AB 190 or SB 190 are enacted and this bill is enacted last. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the legislative ethics committee of each house of the Legislature to conduct at least semiannually an orientation course on the relevant ethical issues and laws related to lobbying, in consultation with the Fair Political Practices Commission. Existing law requires the committees to impose fees on lobbyists for attending these courses, as specified. This bill would, commencing on January 1, 2029, require the Fair Political Practices Commission to develop, maintain, and offer an orientation course for registered lobbyists on the relevant ethical issues and laws relating to lobbying, and on each house of the legislature's policies against harassment, including sexual harassment, in connection with lobbying activities. The bill would require the course be developed with the legislative ethics committees and give the committees final approval over the content of the course that relates to the legislature's polices against harassment. The bill would require the course be available on-demand through an online platform, internet webpage, or application. The bill would authorize the commission to impose a fee on a lobbyist for the course, as specified. The bill would update cross-references. The Political Reform Act of 1974 requires individual lobbyists to prepare certifications, as specified, for filing with the Secretary of State. The act also requires lobbying firms and certain lobbyist employers to register with the Secretary of State. A violation of the act is punishable as a misdemeanor, and any person convicted of violating the act is prohibited from acting as a lobbyist for 4 years following the date of conviction, except as specified. This bill would prohibit a person who has been convicted of a crime of public corruption, as defined, from serving as a lobbyist for 12 years following the date of conviction. The bill would also void an existing lobbying certification in the event of such a conviction. The bill would prohibit the Secretary of State from accepting a lobbying certification from any person unless it includes a statement signed under penalty of perjury that the person has not been convicted of a crime of public corruption within the previous 12 years. Because these provisions would be part of the Political Reform Act of 1974 and a violation would therefore be a crime, this bill would impose a state-mandated local program. 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 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 Arts and Music in Schools—Funding Guarantee and Accountability Act, an initiative measure approved by the voters as Proposition 28 at the November 8, 2022, statewide general election, provides a minimum source of annual funding to K–12 public schools, including public charter schools, to supplement arts education programs for pupils attending those schools, as specified. The act defines "arts education program" for these purposes to include, but not be limited to, instruction and training, supplies, materials, and arts educational partnership programs, for instruction in specified topics. The act requires the continuous appropriation for these purposes, without regard to fiscal years, from the General Fund to the State Department of Education, of an amount equal to 1% of the total state and local revenues received by local educational agencies in the preceding fiscal year that are included in the calculation of the minimum funding guarantee established by the California Constitution, as provided. The act requires funds appropriated pursuant to Proposition 28 to be allocated by the department to each local educational agency, and requires local educational agencies to allocate those funds to each schoolsite, pursuant to specified calculations. The act requires the principal or program director of each schoolsite or preschool to develop an expenditure plan for allocated funds. This bill would change the definition of "arts education program" to additionally include curriculum, instructional materials, and professional development, and would require all arts education programs to be consistent with the California Arts Standards for Public Schools, the California Arts Education Framework, or the California Preschool/Transitional Kindergarten Learning Foundations, as applicable. The bill would authorize local educational agencies to pool allocated funds and require, as a condition of this pooling, local educational agencies to ensure, among other things, (1) that expenditures for each schoolsite are in proportion to the allocation for each schoolsite and (2) compliance with the expenditure plan adopted by the principal or program director. The act requires, as a condition of receiving Proposition 28 funds, a local educational agency to, among other things, annually certify that the funds will be used to supplement arts education programs and not supplant existing funding for those programs, and that funds expended in the prior fiscal year were used to supplement arts education programs. This bill would require this certification to include specified calculations that compare existing funds available for arts education programs, as provided, with current year expenditures for arts education programs. The bill would require, in determining the existing funds available for arts education programs, a local educational agency to (1) subtract from the prior year total expenditures for arts programs expenditures from Proposition 28 funds and from resources that are no longer available in the current year, as provided, and (2) subsequently add newly available resources that are spent on arts education programs, excluding current year Proposition 28 funds. The bill would deem a local educational agency for which current year expenditures for arts education programs equal or exceed the calculations of existing funds available for arts education programs to be in compliance with the requirement to supplement arts education programs. The act also requires, as a condition of receiving Proposition 28 funds, a local educational agency to submit an annual governing board or body-approved report in a manner determined by the Superintendent of Public Instruction detailing program expenditures and to certify (1) that all funds will be used to provide arts education programs, and that funds expended in the prior fiscal year were, in fact, used for those purposes and (2) , for local educational agencies with an enrollment of 500 or more pupils, that at least 80% of Proposition 28 funds will be used to employ certificated or classified employees to provide arts education program instruction, as provided, and authorizes the department, for good cause shown, to provide a waiver to these requirements. This bill would instead require the annual governing board or body-approved report to be submitted and posted on or before September 30 in a manner determined by the department. The bill would require each schoolsite or preschool to post on its internet website the above-described expenditure plan and information on granted waivers and would authorize a local educational agency to instead require this information to be posted on the local educational agency's internet website. The bill would, commencing with the 2027–28 fiscal year, require a local educational agency to certify that all provisions of Proposition 28 have been implemented in accordance with the requirements of Proposition 28 at each of its schoolsites. To the extent these provisions impose new duties on schoolsites or local educational agencies, the bill would impose a state-mandated local program. The bill would require the department to post approved waivers on its internet website. Existing law, on or before May 1 of each fiscal year, requires (1) the governing board of each school district to either provide for an audit of all funds under the control of that school district or make arrangements with the county superintendent of schools having jurisdiction over the school district to provide for that auditing, (2) the governing body of each charter school to either provide for an audit of all funds under the control of the charter school or make arrangements with the chartering authority to provide for that auditing, and (3) each county superintendent of schools to either provide for an audit of all funds under their jurisdiction and control or make arrangements with the Controller to provide for that auditing. The act requires annual audits of a local educational agency to include, for purposes of Proposition 28, (1) all funds received and distributed by the local educational agency pursuant to specified Proposition 28 provisions and (2) a determination of whether the funds were expended pursuant to the (A) certifications submitted by the local educational agency and (B) requirements of certain Proposition 28 provisions. This bill would delete the requirement that an annual audit of a local educational agency include a determination of whether Proposition 28 funds were expended pursuant to the requirements of certain Proposition 28 provisions. Proposition 28 authorizes the Legislature to amend its provisions by a 23 vote of each house if the amendment furthers its purposes. This bill would declare that the above-described provisions further the purposes of Proposition 28. 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.
Existing law establishes the State Department of Social Services and sets forth its powers and duties, including the certification and regulation of continuing care retirement communities. Existing law regulates different types of continuing care contracts, including, among others, a repayable contract. A repayable contract is a continuing care contract that includes a promise to repay all or a portion of an entrance fee that is conditioned upon reoccupancy or resale of the unit previously occupied by the resident. This bill would instead refer to the contract described above as a repayable conditioned on resale contract, define a repayable contract to include both a repayable conditioned on resale contract and a repayable in sequential order contract, and would define a repayable in sequential order contract to mean a continuing care contract that includes a promise to repay all or a portion of an entrance fee based on the sequential order in which repayable contracts are terminated. The bill would require a provider that offers or maintains repayable in sequential order contracts to establish a repayment account for these purposes, to assign each terminated contract a sequential repayment number, and to repay those contracts in sequential order from the proceeds of future repayable in sequential order contracts, as specified. Existing law requires all continuing care contracts to include specified provisions, including, among others, that if it's a repayable contract, the average and longest amount of time that it has taken to resell or reoccupy a unit within the last 5 calendar years. This bill would make that provision applicable only to repayable conditioned on resale contracts and would require certain additional disclosures relating to repayable in sequential order contracts to be made, including, among others, the average and longest duration of time elapsed between contract termination and repayment during the last 5 calendar years. Existing law requires a lump sum owed to a resident or a resident's estate, including any interest accrued, to be paid within 14 calendar days after resale of the unit. This bill would make that provision applicable only to repayable conditioned on resale contracts and would make it 14 days after resale or reoccupancy. For repayable conditioned on sequential order contracts, the bill would require the full lump sum to be paid within 14 calendar days after sufficient funds exist in the sequential repayment account to satisfy the contract's assigned sequential repayment number.
