Existing law requires that specified actions for recovery of damages suffered as a result of childhood sexual assault, as defined, be commenced within 22 years of the date the plaintiff attains the age of majority or within 5 years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever occurs later. Existing law prohibits certain of those actions from commencing on or after the plaintiff's 40th birthday unless the person or entity knew or had reason to know, or was otherwise on notice, of any misconduct that creates a risk of childhood sexual assault by an employee, volunteer, representative, or agent, or the person or entity failed to take reasonable steps or to implement reasonable safeguards to avoid acts of childhood sexual assault, as specified. This bill would provide that a claim seeking to recover damages arising out of a sexual assault by an employee of a juvenile probation camp or detention facility owned and operated by a county or of a youth facility owned and operated by the Division of Juvenile Justice at the time the sexual assault occurred, that would otherwise be barred before January 1, 2024, because the applicable statute of limitations has expired, is revived and may proceed or be commenced within one year, as specified.
Existing law generally provides for the placement of foster youth in various placement settings and governs the provision of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed. Existing law requires the State Department of Social Services, in consultation with county child welfare agencies and other specified entities, to implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families. This bill would require the department to convene a workgroup to create a report with recommendations to prevent housing instability among LGBTQ youth in foster care. The bill would require the workgroup to submit that report on or before January 1, 2025, as specified.
Existing law authorizes a county or city to establish an agricultural preserve, in accordance with specified requirements and subject to certain limitations, for the purpose of defining the boundaries of those areas within which the city or county will be willing to enter into contracts pursuant to the California Land Conservation Act of 1965, also known as the Williamson Act. This bill would make nonsubstantive changes to these provisions.
Existing law makes it unlawful for a person doing business in California and advertising to consumers in California to make any false or misleading advertising claim. Existing law, the Unfair Competition Law, makes various practices unlawful and provides that a person who engages, has engaged, or proposes to engage in unfair competition is liable for a civil penalty, as specified. Existing law prohibits the state from denying or interfering with an individual's fundamental right to choose or obtain an abortion. Existing law, which was previously held unconstitutional by the United States Supreme Court, requires a covered facility to disseminate to its clients a specified notice regarding abortion. Existing law authorizes the Attorney General, city attorney, or county counsel to bring an action to impose a specified civil penalty against covered facilities that fail to comply with these requirements. This bill would prohibit a person doing business in California who is performing, has performed, or intends to perform a pregnancy-related service from advertising using a false or misleading statement related to the person's provision, or lack of provision, of abortion. The bill would make a violation of that prohibition an unfair business practice, and would authorize an entity authorized to enforce unfair competition laws, a district attorney, a county counsel, or a city attorney to file for injunctive relief or seek a civil penalty, as specified. The bill would also authorize a person harmed to bring a private right of action seeking injunctive relief, a monetary penalty of at least $1,000, actual damages, and reasonable attorney's fees.
Existing law, 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 annually adjust the tax imposed by increasing the rates based on the California Consumer Price Index, as specified. This bill would limit the above-described annual adjustment to a maximum of 2% for rate adjustments made on or after July 1, 2023. This bill would take effect immediately as a tax levy.
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 federal law establishes the Program of All-Inclusive Care for the Elderly (PACE) , which provides specified services for older individuals at a PACE center so that they may continue living in the community. Federal law authorizes states to implement PACE as a Medicaid state option. Existing state law establishes the California Program of All-Inclusive Care for the Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services under the state's Medi-Cal state plan. Existing law requires the department to develop and pay capitation rates to entities contracted through the PACE program using actuarial methods and that reflect the level of care associated with the specific populations served pursuant to the contract. Existing law authorizes a PACE organization approved by the department to use video telehealth to conduct initial assessments and annual reassessments for eligibility for enrollment in the PACE program. This bill, among other things relating to the PACE program, would require those capitation rates to also reflect the frailty level and risk associated with those populations. The bill would also expand an approved PACE organization's authority to use video telehealth to conduct all assessments, as specified.
(1) The Social Service Transportation Improvement Act requires transportation planning agencies and county transportation commissions to prepare and adopt plans detailing required steps to consolidate social service transportation services, including the designation of consolidated transportation service agencies. The act requires funding for implementation to be provided from specified local transportation funds. This bill would require the coordination, rather than the consolidation, of social service transportation services under the act and would recharacterize consolidated transportation service agencies in the act as coordinated transportation service agencies. This bill would authorize a coordinated transportation service agency to review and comment on specified plans and projects relevant to its jurisdiction, and would require specified agencies to respond to the comments. By increasing service requirements for counties, this bill would create a state-mandated local program. (2) Existing law annually imposes a transportation improvement fee on each vehicle based on its market value. Existing law requires the deposit of these revenues into specified accounts, one of which is the Public Transportation Account. The California Constitution requires that all of these revenues be used solely for specified transportation purposes. This bill would increase the transportation improvement fee by $10 per vehicle, and would require the revenues generated to be deposited into the Public Transportation Account. The bill would continuously appropriate this fee revenue for allocation, as specified, to counties for accessible transportation services for seniors and disabled persons. (3) This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. 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, until January 1, 2026, makes it a misdemeanor to commit organized retail theft. Existing law defines organized retail theft to include, among other acts, acting as an agent of another individual or group of individuals to steal merchandise from one or more merchant's premises or online marketplaces as part of an organized plan to commit theft. Under existing law, acts of organized retail theft that are committed on 2 or more separate occasions within a 12-month period and that have an aggregate value that exceeds $950 are punishable as a misdemeanor or a felony. This bill would require the Milton Marks "Little Hoover" Commission on California State Government Organization and Economy to submit a report to the Legislature describing the reported retail thefts, as specified. This bill would also require state and local law enforcement to collect and provide data on retail theft to the commission, as specified. This bill would require the commission to issue its report to the Legislature no later than January 1, 2026. By imposing new duties on local entities, 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, 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, the Information Practices Act of 1977, prohibits an agency, as defined, from disclosing personal information in a manner that would link the information to the individual to whom it pertains unless a specified exemption applies, including that the information is disclosed to a governmental entity if required by state or federal law. This bill would permit an agency to disclose personal information to the California Tribal Epidemiology Center (CTEC) for a specific purpose. Existing law establishes the Department of Health Care Access and Information in the California Health and Human Services Agency. Existing law requires an organization that operates, conducts, owns, or maintains a health facility, each hospital, and each general acute care hospital and freestanding ambulatory surgery clinic to make and file with the office certain information regarding patients that is recorded on a Hospital Discharge Abstract Data Record, an Emergency Care Data Record, and an Ambulatory Surgery Data Record, respectively, as described. The information includes, among other things, the date of birth, race, date of services, and principal diagnosis of the patient. Existing law requires the department to disclose this information to certain entities, including, among others, any California hospital and tribal epidemiology centers, except as specified. Existing law prohibits those entities from disclosing that information except in response to a court order, search warrant, or subpoena, or as otherwise required or permitted by specified federal law. Existing law requires the State Department of Public Health to establish a list of reportable communicable and noncommunicable diseases and conditions and specify the timeliness requirements related to the reporting of each disease and condition. Existing law also requires the State Department of Public Health to collect data on coccidioidomycosis cases from the California Reportable Disease Information Exchange (CalREDIE) system and any other electronic data system used by a local health department. This bill would require the State Department of Public Health to enter into a data sharing agreement with the CTEC for access to and use of the CalREDIE and the California Immunization Registry systems no later than January 1, 2024, and would prohibit the CTEC from disclosing the information, as described above.
Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts, except as specified. This bill would make a nonsubstantive change to the provision naming the act.
Existing law establishes several programs pertaining to vehicles and reducing pollution, such as the Clean Transportation Program, and various zero-emission vehicle programs administered by the State Air Resources Board, including the Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program. With regard to zero-emission vehicles or plug-in hybrid electric vehicles, existing law requires the Department of General Services to develop prescribed criteria to evaluate bidders when awarding contracts for commercial rental car services. By January 1, 2025, this bill would require the Department of General Services to report to the Legislature on a specified study regarding the supply chain for lithium batteries in electric vehicles, and recommendations for any legislation or policy related to this supply chain to advance state environmental and economic development goals.
Existing law provides for the certification and regulation of radiologic technologists by the State Department of Public Health. Existing law authorizes the department to adopt regulations to implement those provisions, as specified. Under existing law, notwithstanding any other law, a radiologic technologist certified under the Radiologic Technology Act is authorized to perform venipuncture in an upper extremity to administer contrast materials, manually or by utilizing a mechanical injector, under the direct supervision of a licensed physician, and if other specified conditions are met. Existing law defines "direct supervision" as the direction of an authorized procedure by a licensed physician and surgeon who shall be physically present within the facility and available within the facility where the procedures are performed, as specified. A violation of these provisions is a misdemeanor. This bill would authorize a radiologic technologist with the above qualifications to perform venipuncture according to the prescribed conditions when under the general supervision of a physician and surgeon. The bill would define "general supervision" to mean under the direction of a licensed physician and surgeon who is either physically present within the facility and available within the facility where the procedures are performed, or is available by telephone. By changing the definition of 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.
