Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law creates a rebuttable presumption that specified injuries sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment. Existing law, until January 1, 2024, creates a rebuttable presumption of injury for various employees, including an employee who works at a health facility, as defined, to include an illness or death resulting from COVID-19, if specified circumstances apply. This bill would define "injury," for a hospital employee who provides direct patient care in an acute care hospital, to include infectious diseases, cancer, musculoskeletal injuries, post-traumatic stress disorder, and respiratory diseases. The bill would include the 2019 novel coronavirus disease (COVID-19) from SARS-CoV-2 and its variants, among other conditions, in the definitions of infectious and respiratory diseases. The bill would create rebuttable presumptions that these injuries that develop or manifest in a hospital employee who provides direct patient care in an acute care hospital arose out of and in the course of the employment. The bill would extend these presumptions for specified time periods after the hospital employee's termination of employment.
Existing law allows a court to issue various protective orders to protect victims of, and witnesses to, a crime, as specified. Existing law prohibits the intentional and knowing violation of a protective order, as specified. A violation of this prohibition is a misdemeanor. Existing law requires a minimum term of imprisonment if the violation results in physical injury. Existing law also makes a subsequent violation of these provisions after a conviction, as specified, punishable as either a misdemeanor or a felony. This bill would make a violation of a criminal protective order punishable as either a felony or misdemeanor. The bill would make a violation of specified protective orders, where the person is armed with a firearm, punishable as a felony, as specified. This bill would also make conforming changes. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the State Department of Public Health to establish a genetic disease unit to, among other responsibilities, promote a statewide program of information, testing, and counseling services related to genetic diseases, and administer that information, testing, and counseling to each child born in the state, unless the child's parent or guardian objects to a test on the grounds of religious beliefs or practices. This bill would require the department to provide information about the testing program and to permit the parent or legal guardian to opt out of the retention or use of the newborn child's blood sample for medical research. The bill would prohibit any residual screening specimen from being released to any person or entity for law enforcement purposes or to establish a database for forensic identification. The bill would authorize a parent or guardian of a minor child, and the child, once they are at least 18 years of age, to request that the department destroy the residual screening specimen or retain the specimen, but not use it for research purposes. The bill would require the department to comply with the request. The bill would require the department, if the individual makes a request to destroy the specimen or to not use it for research purposes, to acknowledge receipt of the request and notify the individual that the specimen has been destroyed, as specified. The bill would require the department, on or before January 1, 2026, to prepare an informational brochure regarding the collection, storage, retention, and use of the blood sample in a separate, double-sided, single-page format, as specified. The bill would require the department, on or before January 1, 2026, to additionally prepare a separate standard informational acceptance form with a space for the parent or legal guardian of the newborn child to provide a signed and dated written acknowledgment of receipt of the informational brochure and would require the form to be maintained in the mother's medical file, as specified. The bill would also require the department, on or before January 1, 2026, to update the California Newborn Screening Test Request Form to include space for the parent or guardian to choose whether to opt out of the retention or use for research of the residual screening specimen. The bill would require the form to have a space for the parent or guardian to sign and date the form to confirm their choice. The bill would require specified persons to distribute the informational brochure, including the local registrar of births to provide a copy of the informational brochure to each person registering the birth of a newborn that occurred outside of a perinatal licensed health facility, as specified. The bill would also require the local registrar to notify the local health officer and the department of each of these registrations by the local registrar. By imposing additional duties on local registrars of births, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, 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, until January 1, 2025, establishes the California Small Agricultural Business Drought Relief Grant Program in the Office of the Small Business Advocate, under the authority of its director, to provide grants to qualified small agricultural businesses that have been affected by severe drought conditions. Existing law requires the office to allocate grants to qualified small agricultural businesses that meet the requirements of the program, upon appropriation of grant funds by the Legislature. This bill, the California Agriculture Relief Act, would appropriate $100,000,000 from the General Fund to the office to provide grants under the program. The bill would also make related findings and declarations.
Existing law requires a marketplace, as defined, to ensure that its terms and conditions regarding commercial relationships with marketplace sellers meet certain criteria, including that they are drafted in plain and intelligible language. This bill would require a nonfungible token marketplace, as defined, to disclose the terms and conditions at the time a resident, as defined, contracts with the nonfungible token marketplace. The bill would require that disclosure to be written in a manner that is understandable to a reasonable resident who uses the relevant services and to include, among other things, the manner by which fees and charges imposed by the nonfungible token marketplace will be calculated if they are not identified and disclosed in advance of a transaction and the timing of the fees and charges. The bill would require a nonfungible token marketplace to develop, implement, and maintain a comprehensive information security program, as specified, and to maintain a dedicated contact channel to receive legal process from law enforcement. The bill would prohibit its provisions from being construed to create a private right of action under any other law.
(1) Existing law provides that every contract that restrains anyone from engaging in a lawful profession, trade, or business of any kind is, to that extent, void, except as provided. Existing law authorizes any person who sells the goodwill of a business, any owner of a business entity selling or otherwise disposing of all of their ownership interest in the business entity, or any owner of a business entity that sells specified assets or ownership interests to agree with the buyer to refrain from carrying on a similar business within a specified geographic area in which the business so sold, or that of the business entity, division, or subsidiary has been carried on, if the buyer, or any person deriving title to the goodwill or ownership interest from the buyer, carries on a like business therein. Existing law defines "ownership interest" as a partnership interest, membership interest, or a capital stockholder, as described. This bill would modify the definition of "ownership interest" to require the partnership interest, membership interest, or capital stock to be more than a 10% interest of the total partnership interest, more than a 10% interest of the total membership interest, or more than 10% of the total shares of ownership of the entity, respectively. This bill would prohibit an employer, as defined, from entering into, presenting an employee, as defined, or prospective employee as a term of employment, or attempting to enforce any contract in restraint of trade, as defined, that is void, as described. The bill would provide that an employer, as defined, that violates that provision is liable for actual damages and an additional penalty of up to $5,000 per employee, as defined, or prospective employee. The bill would authorize an employee or prospective employee to bring an action for injunctive relief and for the recovery of actual damages and penalties and would provide that a prevailing employee or prospective employee is entitled to recover reasonable costs and attorney's fees. The bill would require the Attorney General to receive and investigate allegations of a violation of this provision and would authorize the Attorney General to bring an action enforcing this provision. Existing law provides for a system of labor standards enforcement administered by the Labor Commissioner. This bill would require the Labor Commissioner to, in coordination with the Attorney General, receive and investigate complaints related to the above-described provisions of this bill. (2) Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law provides that it is cause for suspension, disbarment, or other discipline for any licensee, whether acting on their own behalf or on behalf of someone else, whether or not in the context of litigation, to solicit, agree, or seek agreement that, among other things, misconduct or the terms of a settlement of a claim for misconduct shall not be reported to the State Bar. This bill would provide that it is cause for suspension, disbarment, or other discipline for any licensee to enter into with an employee, prospective employee, or former employee, present an employee, prospective employee, or former employee as a term of employment, or attempt to enforce any employee contract or other agreement in restraint of trade, as provided. (3) Existing law prohibits an employer from requiring an employee who primarily resides and works in the state to agree, as a condition of employment, to a provision that would require the employee to adjudicate outside of the state a claim arising in the state or would deprive the employee of the substantive protection of state law with respect to a controversy arising in the state. Existing law provides that this prohibition does not apply to a contract with an employee who is in fact individually represented by legal counsel in negotiating the terms of an agreement to designate either the venue or forum in which a controversy arising from the employment contract may be adjudicated or the choice of law to be applied. This bill would provide that, for a contract entered into, modified, or extended on or after January 1, 2025, the above-described prohibition does not apply to a contract with an employee who is individually represented by legal counsel, excluding when the counsel is paid for by, or was selected based upon the suggestion of, the employee's employer, in negotiating the terms of an agreement and, at the option of the employee, designates either the venue or forum in which a controversy arising from the employment contract may be adjudicated or the choice of law to be applied.
Existing law requires the State Air Resources Board to develop and adopt hydrogen fuel regulations to ensure that state funding for the production and use of hydrogen fuel contributes to the reduction of greenhouse gas emissions, criteria air pollutant emissions, and toxic air contaminant emissions, including by requiring that, on a statewide basis, no less than 33.3% of the hydrogen produced for, or dispensed by, fueling stations that receive state funds be made from eligible renewable energy resources, as specified. Under existing law, a violation of those regulations, and other provisions pertaining to motor vehicle fuels, is a crime. This bill would require, on and after January 1, 2045, that all hydrogen produced or used in California for the generation of electricity or fueling of vehicles be renewable hydrogen of nonbiological origin, as defined, or renewable hydrogen of biological origin, as defined, in furtherance of the state's policy to achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045. The bill would require the state board, in consultation with the Public Utilities Commission (PUC) and the State Energy Resources Conservation and Development Commission (Energy Commission) , to develop interim targets to ensure the state achieves that requirement. Because a violation of a state board regulation implementing this requirement would be a crime, the bill would impose a state-mandated local program. The California Renewables Portfolio Standard Program requires the PUC to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, so that the total kilowatthours of those products sold to their retail end-use customers achieves 25% of retail sales by December 31, 2016, 33% by December 31, 2020, 44% by December 31, 2024, 52% by December 31, 2027, and 60% by December 31, 2030. This bill would prohibit renewable hydrogen of nonbiological origin or renewable hydrogen of biological origin used by a generating facility from qualifying as an eligible renewable energy resource for purposes of that requirement unless it satisfies all applicable requirements established by the Energy Commission and meets specified requirements. For all electricity generated using renewable hydrogen of nonbiological origin or renewable hydrogen of biological origin that is credited toward the renewables portfolio standard procurement obligations, the bill would require that sufficient renewable and environmental green attributes, as defined, of renewable hydrogen of nonbiological origin or renewable hydrogen of biological origin production and capture be transferred to the retail seller or local publicly owned electric utility that uses that renewable hydrogen of nonbiological origin or renewable hydrogen of biological origin to ensure that there are zero net emissions associated with the production of electricity from the generating facility using the renewable hydrogen of nonbiological origin or renewable hydrogen of biological origin. The bill would require all sellers and purchasers of renewable hydrogen of nonbiological origin or renewable hydrogen of biological origin to comply with a system for tracking and verifying the use of renewable hydrogen of nonbiological origin or renewable hydrogen of biological origin established by the Energy Commission, as specified. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because certain of the above provisions would be part of the act and a violation of a PUC action implementing this bill's requirements 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 Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan contract or health insurance policy to provide maternity coverage, and prohibits the restriction, reduction, or denial of specified maternity benefits. This bill would require a health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2024, to provide coverage for pelvic floor physical therapy after pregnancy. Because a willful violation of the bill's requirements relative to health care service plans 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 establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in the state. This bill would establish the Legislative Internship Program under the administration of the California State University's Center for California Studies to provide paid internship opportunities at offices of the Legislature, to qualified applicants, as provided. The bill would establish the Legislative Internship Program Fund as the initial depository of all moneys appropriated, donated, or otherwise received for the program, and upon appropriation by the Legislature, would require the Center for California Studies to distribute moneys in the fund to program participants, as specified. Existing law requires all appropriations for contingent expenses of the Senate and the Assembly and legislative committees thereof to be available and disbursed, as provided. This bill would prohibit these funds from being used to provide a paid internship position pursuant to the Legislative Internship Program.
Existing law defines an electric bicycle and classifies electric bicycles into 3 classes with different restrictions. Under existing law, an electric bicycle is a bicycle and rules pertaining to the operation of bicycles apply to electric bicycles. Existing law prohibits a person under 16 years of age from operating a class 3 electric bicycle. A violation of the Vehicle Code is a crime. This bill would prohibit a person under 12 years of age from operating an electric bicycle of any class. The bill would state the intent of the Legislature to create an e-bike license program with an online written test and a state-issued photo identification for those persons without a valid driver's license, prohibit persons under 12 years of age from riding e-bikes, and create a stakeholders working group composed of the Department of Motor Vehicles, the Department of the California Highway Patrol, the Transportation Agency, bicycle groups, policy and fiscal staff, and other relevant stakeholders to work on recommendations to establish an e-bike training program and license. Because the bill would prohibit certain persons from riding electric bicycles, the violation of which 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.
(1) Existing law allows the board of supervisors of any county to establish the office of the public defender and requires the public defender to, among other duties, defend a person who is not financially able to employ counsel and who is charged with the commission of a crime. Existing law authorizes the court to make the final determination as to whether a defendant is financially able to employ counsel and qualifies for the services of the public defender. This bill would require this representation to commence as soon as feasible after being notified of a person's arrest, but in any case within 24 hours after booking or sufficiently before the arraignment to allow the provision of meaningful representation, as specified. The bill would establish a presumption that a person detained when this representation begins is unable to financially employ counsel and eligible for indigent defense services. The bill would additionally require the public defender or indigent defense provider to, prior to the arraignment, individually and confidentially advise a person who has been cited or arrested for a misdemeanor or felony on the importance of the right to counsel, including potential collateral consequences and the right to the assistance of counsel at no expense if the defendant is not financially able to employ counsel. The bill would require the court to ensure this advisal has occurred prior to accepting a waiver of counsel. (2) Under existing law, immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an arrested person has the right to make at least three completed telephone calls, as specified. Existing law requires that a sign informing the arrested person of this right be posted in a conspicuous place. Under existing law, if the arrested person is identified as a custodial parent with responsibility for a minor child, the arrested person is entitled to make 2 additional calls for the purpose of arranging for the care of the minor child in the parent's absence, as specified. This bill would additionally require the arresting or booking officer to verbally inform the arrested person of this right. The bill would specify that the arrested person has the right to free telephone calls both during and outside of business hours. The bill would allow an arrested person to make 2 additional calls if they are responsible for providing care to another household member for the purpose of arranging for their care. The bill would require the arresting or booking officer to, immediately upon booking and no later than 2 hours after arrest, notify the public defender or indigent defense provider for the county that the arrested person is in custody. (3) Existing law prohibits the court from accepting a plea of guilty for a felony not punishable by death or life imprisonment from a defendant who does not appear with counsel unless the court fully informs the defendant of the right to counsel and finds that the defendant understands the right and freely waives it, as specified. This bill would expand this to misdemeanors, require an additional advisal prior to a person waiving the right to counsel, and require the court to inform the defendant through an individualized colloquy and in writing of their right to counsel, as specified. The bill would establish a presumption that a plea taken without counsel is not knowing, intelligent, and voluntary, as specified. The bill would prohibit a prosecutor and judge from communicating a plea offer, disposition, or resolution to a defendant unless counsel is present or the defendant has waived counsel, as specified. (4) Existing law requires a person arrested to be taken before a magistrate without delay and, in any event, within 48 hours after arrest, not including weekends and holidays, as specified. Existing law allows an attorney to visit a prisoner after their arrest upon the request of the prisoner or their relative, as specified. This bill would additionally allow an attorney's representative to visit a prisoner after their arrest. By expanding the duties of the public defender and imposing new duties on local agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, 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.
The Personal Income Tax Law allows various credits against the taxes imposed by that law. Existing law establishes the continuously appropriated Tax Relief and Refund Account and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. This bill would, for taxable years beginning on or after January 1, 2025, and before January 1, 2030, allow a credit against the tax imposed by that law in an amount equal to $1,500 to a taxpayer for the adoption of a retired law enforcement dog, as provided. The bill would require the amount of the credit exceeding the taxpayer's liability to be credited against other amounts due, if any, and would require the balance, upon appropriation, to be paid from the Tax Relief and Refund Account and refunded to the taxpayer. Existing law requires a 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. This bill would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
