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Bill results

passed · California · Assembly Sep 14, 2023

AB 1017: Homelessness: Striking Worker Emergency Homelessness Prevention program.

Existing law establishes the Encampment Resolution Funding program to award moneys appropriated as competitive grants to assist cities, counties, and continuums of care in ensuring the safety and wellness of people experiencing homelessness in encampments, to provide encampment resolution grants to resolve critical encampment concerns and transition individuals into safe and stable housing, and to encourage a data-informed, coordinated approach to address encampment concerns. Existing law authorizes a continuum of care, city, or county to submit a specified application to the California Interagency Council on Homelessness for a program grant, and requires the council to prioritize funding applicants that demonstrate a commitment to cross-systems collaboration and innovative efforts to resolve encampment issues, as specified. Existing law requires the council to administer the program in accordance with a specified timeline. Existing law requires grant recipients to provide specified data elements, including health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System. This bill would, upon appropriation by the Legislature, create within the Encampment Resolution Funding program the Striking Worker Emergency Homelessness Prevention (SWEHP) program administered by the Labor and Workforce Development Agency. The bill would specify that purpose of the program would be to prevent workers suffering strike-related hardship, as defined, from becoming homeless due to a prolonged labor dispute by making zero-interest loans available to eligible striking workers to assist them in paying their housing costs. The bill would require the agency, in consultation with the Business, Consumer Services, and Housing Agency, to develop an internet website and online application for the program, as specified. The bill would require an applicant for the program to electronically sign a declaration of strike-related hardship, as specified, under penalty of perjury. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would make other conforming changes to the Encampment Resolution Funding 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.
Chris Holden (D) · 1 co-sponsor
passed both · California · Assembly Sep 14, 2023

AB 280: Segregated confinement.

Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law places county jails under the jurisdiction of the sheriff for the confinement of persons sentenced to imprisonment for the conviction of a crime. This bill would require every jail, prison, public or privately operated detention facility, and a facility in which individuals are subject to confinement or involuntary detention to develop and follow written procedures governing the management of segregated confinement, as specified, and to make those written procedures publicly available. The bill would require those facilities to document the use of segregated confinement by, among other things, providing written orders of that confinement to the individual confined, as specified. The bill would prohibit those facilities from involuntarily placing an individual in segregated confinement if the individual belongs to a designated population, including, among others, that the individual has a mental or physical disability or that the individual is under 26 years of age or over 59 years of age. The bill would require the facility to periodically check on the individual and have a medical or mental health professional periodically assess the individual. This bill would require a facility to offer out-of-cell programming to individuals in segregated confinement for at least 4 hours per day, not including time spent on an unpaid work assignment or in paid employment. The bill would require a facility to maximize the amount of time that an incarcerated person held in segregated confinement spends outside of their cell by providing outdoor and indoor recreation, education, clinically appropriate treatment therapies, and skill-building activities, as specified, and would require facilities to develop and provide appropriate programming to individuals that pose a significant safety risk to themselves or others, as specified. The bill would also authorize a facility to use segregated confinement to help treat and protect against the spread of communicable disease, under certain circumstances. This bill would prohibit a facility from holding an individual in segregated confinement for more than 15 consecutive days and no more than 45 days in a 180-day period, as specified. This bill would also prohibit a facility from imposing limitations on services, treatment, or basic needs; conducting out-of-cell programming opportunities in a smaller cage or therapy module; placing an individual in segregated confinement on the basis of confidential information, as specified; using specified restraints when an individual is in segregated confinement; and using segregated confinement as a means of protecting an individual. This bill would require a facility administrator or chief physician to conduct a secondary review of a person in segregated confinement's dispute regarding qualification in the designated populations category. This bill would require facilities to create and publish monthly, semiannual, and annual reports, as specified. The bill would require the Office of the Inspector General and the Board of State and Community Corrections to assess each facility's compliance with the act, as specified. This bill would require local and state authorities to promulgate regulations or directives to implement the act, where applicable. The bill would declare these provisions to be severable. By imposing additional duties on county jails, this bill would create 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.
Chris Holden (D) · 18 co-sponsors
passed · California · Assembly Sep 13, 2023

AB 717: Trusts: information.

(1) Existing law authorizes each court to establish and operate an interactive computer system to enable and assist pro per litigants, and to provide information regarding calculations for child and spousal support payments, court procedures, rights and responsibilities of landlords and tenants, and alternative dispute resolution. This bill would additionally authorize the computer system to include information regarding revocable living trusts and transfer on death deeds as nonprobate means of transferring real property. (2) Existing law requires the California Housing Finance Agency to administer a home purchase assistance program for the purpose of assisting low- and moderate-income home buyers to qualify for the purchase of owner-occupied homes, as specified. Existing law creates the Home Purchase Assistance Fund which is continuously appropriated to the agency for purposes of the program and for defraying administrative costs of the agency. This bill would require the agency to provide information on revocable living trusts and revocable transfer on death deeds to any home buyer participating in the home purchase assistance program, as specified. By expanding the purposes for which money in a continuously appropriated fund may be used, the bill would make an appropriation. (3) Existing law establishes the California Dream for All Program to provide shared appreciation loans to low- and moderate-income first-time home buyers. Existing law creates the California Dream for All Fund, which is continuously appropriated to the agency for purposes of the program and for defraying administrative costs of the agency. Existing law requires the agency to develop a borrower education program and disclosure statement designed to provide a borrower with sufficient information to understand the terms of a shared appreciation loan provided pursuant to the program. This bill would require the borrower education program described above to include information on revocable living trusts and revocable transfer on death deeds. By expanding the purposes for which money in a continuously appropriated fund may be used, the bill would make an appropriation.
Carlos Villapudua (D)
passed · California · Assembly Sep 13, 2023

AB 1407: Coastal resources: ocean recovery and restoration: large-scale restoration: artificial reefs.

(1) Existing law establishes the Ocean Protection Council in state government. Among other things, the council is required to develop and implement a coastal climate change adaptation, infrastructure, and readiness program that does certain things, including recommend best practices and strategies to improve the climate change resilience of the state's coastal communities, infrastructure, and habitat. Existing law authorizes the Secretary of the Natural Resources Agency to enter into an agreement with an existing nonprofit corporation to establish a nongovernmental trust with the purpose of, among other things, encouraging coordinated, multiagency, multiinstitution approaches to ocean resource science to deliver actionable science solutions that accelerate equitable climate change adaptation. This bill would require the secretary, on or before December 1, 2024, to establish acreage-based targets to restore kelp forests, eelgrass meadows, and native oyster beds, with the goal of achieving restoration by the year 2050, as provided. The bill would require the council to establish a Kelp Forest and Estuary Restoration and Recovery Framework to achieve the above-described acreage-based targets. The bill would require the framework to contain specified things, including criteria by which a designated area of kelp forests, eelgrass meadows, and native oyster beds can be considered restored. The bill would require the council to establish an interagency working group that coordinates and facilitates large-scale restoration along the coast, as provided. The bill would establish in the State Treasury the Ocean Restoration and Recovery Fund to be administered by the council and consisting of specified moneys. The bill would require the fund to be used, upon appropriation by the Legislature, to develop and carry out large-scale restoration and enhancement projects, as provided. The bill would require the council to publish various items on its internet website and to provide reports to the Legislature, regarding the above provisions, as provided. (2) Existing law requires the Department of Fish and Wildlife to administer the California Artificial Reef Program, which, among other things, includes the placement of artificial reefs in state waters. This bill would require the department, on or before January 1, 2026, in coordination and consultation with the Ocean Protection Council, among other state entities, to review the program, as provided. The bill would require the department to post the completed review on its internet website.
Dawn Addis (D) · 4 co-sponsors
passed · California · Assembly Sep 13, 2023

AB 104: Budget Acts of 2022 and 2023.

The Budget Act of 2022 and the Budget Act of 2023 made appropriations for the support of state government for the 2022–23 and 2023–24 fiscal years. This bill would amend the Budget Act of 2022 and the Budget Act of 2023 by amending and adding items of appropriation and making other changes. This bill would declare that it is to take effect immediately as a Budget Bill.
Phil Ting (D)
passed · California · Assembly Sep 13, 2023

AB 151: State employment: State Bargaining Unit 6 agreement.

Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act. Existing law requires the Department of Human Resources to provide a memorandum of understanding to the Legislative Analyst, who then has 10 calendar days from the date the tentative agreement is received to issue a fiscal analysis to the Legislature. Existing law prohibits the memorandum of understanding from being subject to legislative determination until either the Legislative Analyst has presented a fiscal analysis of the memorandum of understanding or until 10 calendar days have elapsed since the memorandum was received by the Legislative Analyst. This bill, notwithstanding the above-described statutory provisions, would approve provisions of the memorandum of understanding entered into by the state employer and State Bargaining Unit 6. The bill would provide that the provisions of the memorandum of understanding described above that require the expenditure of funds will not take effect unless funds for these provisions are specifically appropriated by the Legislature. The bill would authorize the state employer or State Bargaining Unit 6 to reopen negotiations if funds for these provisions are not specifically appropriated by the Legislature. The bill would require the provisions of the agreement that require the expenditure of funds to become effective even if the provisions are approved by the Legislature in legislation other than the annual Budget Act. Existing law, for the 2023–24 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by specified memoranda of understanding if the Budget Act of 2023 is not enacted by July 1, 2023. Existing law includes within these continuous appropriation provisions a memorandum of understanding for State Bargaining Unit 6, effective July 3, 2020, to July 2, 2023. This bill would instead include the memorandum of understanding for State Bargaining Unit 6 that is effective July 3, 2023, to July 2, 2025. Existing law, for the 2024–25 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment and compensation and employee benefits to state employees covered by specified memoranda of understanding if the Budget Act of 2024 is not enacted by July 1, 2024. Existing law includes within these continuous appropriation provisions a memorandum of understanding for State Bargaining Unit 6, effective July 3, 2020, to July 2, 2023. This bill would instead include the memorandum of understanding for State Bargaining Unit 6 that is effective July 3, 2023, to June 2, 2025, inclusive. Existing law, for the 2025–26 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by specified memoranda of understanding if the Budget Act of 2025 is not enacted by July 1, 2025. Existing law includes within these provisions a memorandum of understanding for State Bargaining Unit 6, effective July 3, 2020, to July 2, 2023. This bill would instead include the memorandum of understanding for State Bargaining Unit 6 that is effective July 3, 2023, to June 2, 2025, inclusive. The bill would appropriate the sum of $296,891,000 for State Bargaining Unit 6 for expenditure in the 2023–24 fiscal year in augmentation of, and for the purpose of, state employee compensation as provided in the Budget Act of 2023. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. This bill would incorporate additional changes to Sections 19829.9851, 19829.9852, and 19829.9853 of the Government Code proposed by AB 148, SB 148, or both, to be operative only if this bill and either AB 148, SB 148, or both are enacted and this bill is enacted last.
passed · California · Assembly Sep 13, 2023

AB 141: Education finance: education omnibus budget trailer bill.

(1) The Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs, including, but not limited to, part-day and full-day age and developmentally appropriate programs for 3- and 4-year-old children. The act requires, from July 1, 2022, to June 30, 2023, inclusive, at least 5% of funded enrollment to be reserved for children with exceptional needs, requires at least 7.5% of funded enrollment to be reserved for children with exceptional needs commencing July 1, 2025, to June 30, 2026, inclusive, and requires at least 10% of funded enrollment to be reserved for children with exceptional needs commencing July 1, 2026. On and after July 1, 2026, existing law provides that any agency that does not meet those requirements may be put on a conditional contract, as provided. This bill would reestablish the 5% requirement until June 30, 2025, and make any agency that does not meet that requirement eligible to be placed on a conditional contract as of July 1, 2026. For any agency that does not meet the 7.5% or 10% requirements, the bill would delay their eligibility to be placed on a conditional contract to July 1, 2027, and July 1, 2028, respectively. The act requires each state preschool program applicant or contracting agency to give priority for enrollment for part-day and full-day programs according to a specified priority ranking. Existing law requires the 3rd priority for services to be given to eligible 3- and 4-year old children who are not enrolled in a state-funded transitional kindergarten program. Within this priority, the act provides that if 2 or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child from a family in which the primary home language is a language other than English shall be enrolled first. This bill would revise the latter priority criteria to be based on whether those children are identified as dual language learners instead of whether they are from a family in which the primary home language is a language other than English. (2) Existing law establishes the California Prekindergarten Planning and Implementation Grant Program as a state early learning initiative with the goal of expanding access to classroom-based prekindergarten programs. Existing law appropriates $300,000,000 from the General Fund to the State Department of Education in both the 2021–22 fiscal year and the 2022–23 fiscal year for allocation to local educational agencies as base grants, enrollment grants, and supplemental grants, as specified. Existing law authorizes the department to allocate or prorate unexpended funds returned by or collected from a grant recipient for grants to local educational agencies for costs associated with the educational expenses of current and future California state preschool program, transitional kindergarten, and kindergarten professionals that support their attainment of required credentials, permits, or professional development in early childhood instruction or child development, including developing competencies in serving inclusive classrooms and dual language learners, as provided. This bill would extend the encumbrance period for those funds, as specified, thereby making an appropriation. The bill would require any remaining unexpended funds to revert to the General Fund on June 30, 2028. (3) Existing law creates the Learning Recovery Emergency Fund in the State Treasury for the purpose of receiving appropriations for school districts, county offices of education, charter schools, and community college districts related to the state of emergency declared by the Governor on March 4, 2020, relating to the COVID-19 pandemic. Former law initially appropriated $7,936,000,000 from the General Fund to the department for transfer to the Learning Recovery Emergency Fund. Existing law reduces that appropriation by $1,590,595,000 to instead be $6,345,405,000. Existing law requires the Superintendent to allocate these appropriated funds to school districts, county offices of education, and charter schools, as provided. This bill would authorize the department to collect, from a local educational agency's principal apportionment monthly payment, the difference in the local educational agency's allocation resulting from the reduction in that appropriation described above. The bill would require the department to report any uncollectible amounts to the Department of Finance by January 31, 2024. (4) Existing law sets forth the maximum ratios of administrative employees to each 100 teachers in the various types of school districts. Existing law requires the Superintendent to determine, for each current fiscal year, for each school district in the state, the total number of administrative employees except as provided, the total number of teachers except those serving in positions that are supported by federal funds or by categorical grants from any source and are in programs that require specific teacher/administrator ratios, the total maximum number of administrative employees that should be employed by the school district based upon the application of the appropriate ratio prescribed by law, and the number of administrative employees in excess of the number allowable without penalty, as provided. Existing law requires the Superintendent to determine the reduction in state support resulting from excess administrative employees, as specified, and requires the school district's 2nd principal apportionment for the current fiscal year to be reduced by that amount. This bill would exempt the Paradise Unified School District from that reduction in state support for the 2021–22 fiscal year to the 2023–24 fiscal year, inclusive. (5) Existing law authorizes the governing board of a community college district to enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district or a county office of education, or the governing body of a charter school, for the purpose of offering or expanding dual enrollment opportunities for pupils who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness. Existing law requires each middle college high school to be structured as a broad-based, comprehensive instructional program focusing on college preparatory and school-to-work curricula, among other things. Under existing law, pupils in early college high schools begin taking college courses as soon as they demonstrate readiness, and the college credit earned may be applied toward completing an associate or bachelor's degree, transfer to a 4-year university, or obtaining a skills certificate. Existing law appropriates $200,000,000 from the General Fund to the State Department of Education for the department, in consultation with the office of the Chancellor of the California Community Colleges, by January 1, 2023, to administer a competitive grant program to, among other things, enable local educational agencies with existing middle college or early college high schools or College and Career Access Pathways partnerships to couple robust pupil advising and success supports with dual enrollment opportunities and establish outreach campaigns to promote dual enrollment for new or existing middle college or early college high schools or College and Career Access Pathways partnerships, and authorizes local educational agencies to apply for, among other things, one-time grants of up to $250,000 to support the costs to plan for, and start up, a middle college or early college high school that is located on the campus of a local educational agency, a partnering community college, or other location determined by the local partnership, as provided. Existing law requires the department, on or before June 30, 2024, and on or before June 30, 2027, to prepare a summary of how the funds were disbursed and used to further the program's goals and to submit the summary to the Department of Finance, the Joint Legislative Budget Committee, the Senate Committee on Education, the Assembly Committee on Higher Education, and the Assembly Committee on Education, as specified. This bill would include local educational agencies with existing middle college and early college programs in those specific provisions. To the extent the bill expands the uses of an existing appropriation, the bill would make an appropriation. The bill would also make conforming changes to the reporting requirement. (6) Existing law, commencing with the 2023–24 fiscal year, appropriates $300,000,000 each fiscal year from the General Fund to the Superintendent for allocation for the Local Control Funding Formula Equity Multiplier apportionment, as provided. Existing law requires the funding to be allocated to eligible local educational agencies on a per-unit basis of a schoolsite's total prior year adjusted cumulative enrollment, as specified. Existing law excludes a charter school classified as a nonclassroom-based charter school from the definition of an eligible local educational agency for these purposes. This bill would revise the definition of eligible local educational agency to instead exclude a charter school classified as a nonclassroom-based charter school as of the prior fiscal year's principal apportionment certification. (7) Existing law establishes the Expanded Learning Opportunities Program. Existing law authorizes a local educational agency that elects to operate an expanded learning opportunity program to operate a before school component of a program, an after school component of a program, or both, and requires the local educational agency to comply with specified requirements, including, among others, that on schooldays, in-person before or after school expanded learning opportunities, when added to daily instructional minutes, recess, and meals, are no less than 9 hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day, and for at least 30 nonschooldays, inclusive of extended school year days, no less than 9 hours of in-person expanded learning opportunities are offered per day. Existing law, commencing with the 2023–24 fiscal year, if a school district or charter school fails to maintain the required number of days or hours, requires the Superintendent to withhold a specified amount from the school district's or charter school's Expanded Learning Opportunities Program apportionment. This bill would exempt a local educational agency that is temporarily prevented from operating its expanded learning opportunity program because of a school or program site closure due to emergency conditions from that withholding if certain conditions are met, as specified. Existing law requires the Superintendent, by February 1, 2024, and in consultation with the State Department of Social Services, to submit a report to the relevant fiscal and policy committees of the Legislature that includes specified information relating to, among other things, the number of expanded learning providers who are serving pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site during the school year and during the summer, and how many pupils are served in those programs. This bill would revise that reporting requirement by requiring the Superintendent to instead provide information on, among other things, the number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site during the fiscal year and during nonschooldays, and how many pupils are provided access to those programs. (8) Existing law authorizes a school district or charter school to maintain a transitional kindergarten program. Existing law requires a school district or a charter school, as a condition of receipt of apportionment for pupils in a transitional kindergarten program, to ensure that, among other things, a child who will have their 5th birthday between September 2 and specified dates, depending on the school year, be admitted to a transitional kindergarten program, as provided. Existing law authorizes, in any school year, a school district or charter school to, at any time during a school year, admit a child to a transitional kindergarten program who will have their 5th birthday after the applicable cutoff date but during that same school year, as provided. Notwithstanding that provision, existing law authorizes a school district or charter school to enroll an early enrollment child in a transitional kindergarten program if specified conditions are met, including that each transitional kindergarten classroom that includes an early enrollment child maintains at least one adult for every 10 pupils. Existing law defines early enrollment child for these purposes to mean a child whose 4th birthday will be between June 2 and September 1 preceding the school year during which they are enrolled in a transitional kindergarten classroom. This bill would, among other things, revise how the 10-to-1 adult-to-pupil ratio is calculated and revise the definition of early enrollment child to instead mean a child whose 4th birthday will be between June 3 and September 1, inclusive, preceding the school year during which they are enrolled in a transitional kindergarten classroom. The bill would require the Controller to incorporate verification of compliance with certain requirements related to early enrollment children into the Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting for the 2023–24 and 2024–25 fiscal years. (9) Existing law requires county boards of education to provide for the administration and operation of juvenile court schools by the county superintendent of schools or by contract with the respective governing boards of the elementary, high school, or unified school district in which the juvenile court school is located, as provided. Existing law requires the State Department of Education to annually report specified information relating to pupils in juvenile court schools on its internet website. This bill would delay that annual reporting requirement to instead commence with the 2024–25 fiscal year. (10) Existing law requires the State Board of Education to, on or before October 1, 2016, adopt evaluation rubrics for certain purposes, including, among others, to assist a school district, county office of education, or charter school in evaluating its strengths, weaknesses, and areas that require improvement. Existing law requires the single multiple measures public school accountability system, as authorized by those provisions, to measure the overall performance of numerically significant pupil subgroups in schools, including charter schools, school districts, and county offices of education, as provided. Existing law includes within these numerically significant pupil subgroups, among others, English learners and long-term English learners. Existing law defines long-term English learns for these purposes to mean a pupil who has not attained English language proficiency within 5 years of initial classification as an English learner, consistent with specified federal law. This bill would revise the definition of long-term English learner to instead mean a pupil who has not attained English language proficiency within 7 years of initial classification as an English learner. To the extent this would create new duties for local educational agencies, the bill would constitute a state-mandated local program. (11) Existing law establishes the Bilingual Teacher Professional Development Program, administered by the department in consultation with the Commission on Teacher Credentialing, for teachers seeking to provide instruction in bilingual and multilingual settings, as provided. For the 2023–24 fiscal year, existing law appropriates $20,000,000 from the General Fund to the Superintendent for purposes of the program, to be available for grants totaling $4,000,000 each fiscal year, from the 2023–24 fiscal year to the 2027–28 fiscal year, inclusive, and requires grant recipients of those funds to provide, by July 1, 2026, a preliminary report, and, by January 1, 2029, a final report, of specified information to the department, as provided. This bill would extend the deadline for the final report by one year to January 1, 2030. (12) Existing law appropriates $15,000,000 from the General Fund to the Superintendent for the department and the California Collaborative for Educational Excellence, with approval from the executive director of the state board, to designate a county office of education to identify and curate a repository of high-quality open educational resources for use by local educational agencies. Existing law requires the collaborative, on or before October 1, 2025, and in consultation with the department, to evaluate and make recommendations to the Department of Finance, the executive director of the state board, and the appropriate fiscal and policy committees of the Legislature regarding the effectiveness of the online repository and resources. Existing law authorizes the collaborative to enter into a contract with a nonprofit entity to conduct the evaluation and to withhold no more than 3% of that appropriation. This bill would increase that authorized withholding to instead be no more than 4%. By authorizing the use of appropriated funds for new purposes, the bill would make an appropriation. (13) Existing law appropriates $2,402,000 from the General Fund to the Superintendent to support the creation of an online training on schoolsite and community resources focused on strategies to support LGBTQ+ pupils, as specified. This bill would provide that those funds shall be available for encumbrance through June 30, 2025, thereby making an appropriation. (14) Existing law requires the Superintendent to allocate certain funding to the Commission on Teacher Credentialing to establish the Diverse Education Leaders Pipeline Initiative program for the purpose of providing grants to local educational agencies, as defined, to train, place, and retain diverse and culturally responsive administrators in transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, to improve pupil outcomes and meet the needs of California's education workforce, as provided. The Budget Act of 2023 appropriates $10,000,000 to the Superintendent for that purpose. Existing law requires the commission to award grants to local educational agencies of up to $30,000 per administrator candidate, and requires an administrator candidate for whom a grant is awarded to agree in writing to serve in a public school in California for a period of at least 2 school years. The bill would require the commission to submit a report on the program to the Department of Finance and the appropriate policy and fiscal committees of both houses of the Legislature on or before June 30, 2027, as specified. This bill would revise and add to the list of goals for the initiative. The bill would add regional occupational centers or programs operated by a joint powers authority or a county office of education to the definition of local educational agency for purposes of the initiative. The bill would prohibit grant recipients from using more than 5% of a grant award for administrative costs and from charging a sponsored candidate a fee for participating in the initiative, and would provide that upon receiving a preliminary administrator credential, the administrator has 4 years to complete their 2-year service requirement. The bill would include paying for the costs of an administrative services credential clear induction program to the list of allowable uses of funding. By expanding the pool of eligible local educational agencies and the allowable uses of funding, the bill would make an appropriation. (15) Existing law appropriates $250,000,000 from the General Fund to the Superintendent for allocation to local educational agencies meeting certain criteria for the Literacy Coaches and Reading Specialists Grant Program in order to employ and train literacy coaches and reading and literacy specialists to develop school literacy programs, mentor teachers, and develop and implement interventions for pupils in need of targeted literacy support, as provided. Existing law appropriates an additional $250,000,000 from the General Fund to the Superintendent to augment the Literacy Coaches and Reading Specialists Grant Program to allocate moneys to eligible schoolsites, as defined, that did not receive moneys under the initial program to develop school literacy programs, employ and train literacy coaches and reading and literacy specialists, and develop and implement interventions for pupils in need of targeted literacy support. This bill would prohibit funds from the latter appropriation from being used to support the salaries of existing literacy coaches and reading specialists. (16) Existing law, for the 2023–24 fiscal year, appropriates $1,000,000 from the General Fund to the Superintendent for the State Board of Education to appoint an independent panel of experts for the purpose of creating an approved list of screening instruments to assess pupils for risk of reading difficulties, as specified. This bill would authorize those funds to be allocated, in whole or in part, to the State Department of Education, upon the approval of the executive director of the state board, and would provide that those funds shall be available for encumbrance or expenditure through June 30, 2025, thereby making an appropriation. (17) Existing law requires the Commission on Teacher Credentialing to establish standards and procedures for the issuance and renewal of credentials, certificates, and permits. Existing law, until July 1, 2023, authorized any holder of a credential or permit issued by the commission that authorizes the holder to substitute teach in a general, special, or career technical education assignment to serve in a substitute teaching assignment aligned with their authorization, including for staff vacancies, for up to 60 cumulative days for any one assignment. This bill would reestablish that authorization until July 1, 2024, as provided. (18) This bill would, for the 2023–24 fiscal year, appropriate $1,500,000 from the General Fund to the Superintendent for allocation to the California Teachers Collaborative for Holocaust and Genocide Education to continue its work to develop and provide curriculum resources related to genocide and Holocaust education and to provide professional development, including educator trainings, on genocide and Holocaust education. (19) This bill also would update references and make other technical changes. (20) This bill would make legislative findings and declarations as to the necessity of a special statute for the Paradise Unified School District. (21) 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. (22) Certain funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution. (23) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Assembly Sep 13, 2023

AB 152: Background checks and fingerprinting: state employment, licensing, and contracting.

(1) Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, as specified. Existing law authorizes the Department of Justice to transmit fingerprint images and related information to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check pursuant to a referencing statute. Existing law requires the department to review the information returned from the Federal Bureau of Investigation, and to compile and disseminate a response or a fitness determination to the agency or entity identified in the referencing statute. This bill would require the Office of Youth and Community Restoration, the State Department of State Hospitals, the Department of Financial Protection and Innovation, the California Horse Racing Board, the Department of Toxic Substances Control, the Department of Real Estate, the Department of Housing and Community Development, the Department of General Services, the Treasurer's office, and the Controller's office to submit to the Department of Justice fingerprint images and related information required by the Department of Justice for specified individuals, including employees, prospective employees, and contractors, as applicable. This bill would also require the State Department of Public Health to require an applicant for a human prescription drug manufacturing license to submit fingerprint images, and related information as required, to the Department of Justice. The bill would require the Department of Justice to provide a state- or federal-level response, as specified. This bill would require the Department of Real Estate and the Department of Housing and Community Development to require certain services contracts, interagency agreements, or public entity agreements to include a provision requiring the contractor to agree to perform criminal background checks on its employees and subcontractors who will have access to specified information. (2) Existing law establishes the Department of Financial Protection and Innovation in the Business, Consumer Services, and Housing Agency, headed by the Commissioner of Financial Protection and Innovation. Under existing law, the department has charge of the execution of specified laws relating to various financial institutions and financial services, including banks, trust companies, credit unions, finance lenders, and residential mortgage lenders. Existing law authorizes the commissioner to deliver, or cause to be delivered, to local, state, or federal law enforcement agencies fingerprints taken of specified individuals, including, among others, an applicant for employment with the department. This bill would require the department to require fingerprint images from any department employee, prospective employee or applicant seeking employment within the department, contractor, subcontractor, volunteer, or vendor who may have access to criminal offender record information. The bill would require the Department of Justice to forward a request for national-level criminal offender record information to the Federal Bureau of Investigation and compile and disseminate the information returned, as specified. (3) Existing law requires the Department of FISCal to require fingerprint images and associated information from any employee, prospective employee, contractor, subcontractor, volunteer, vendor, or partner agency employee whose duties include, or would include, having access to confidential or sensitive information or data on the network or computing infrastructure, as provided. This bill would instead require the Department of FISCal to require fingerprint images and associated related information from any department employee, prospective employee, contractor, subcontractor, volunteer, or partner staff, as defined, whose duties include, or would include, having access to confidential or sensitive information or production data on the network. Existing law requires the Chief of Human Resources of the Department of FISCal to follow a written appeal process for an individual who is determined ineligible for employment because of the individual's Department of Justice or Federal Bureau of Investigation criminal offender record, and requires the Chief of Human Resources to take evidence of rehabilitation under consideration when considering background information from the Department of Justice. This bill would delete the above-described provisions regarding the duties of the Chief of Human Resources of the Department of FIScal. (4) The Debt Collection Licensing Act prohibits a person from engaging in the business of debt collection in this state without first obtaining a license from the Commissioner of Financial Protection and Innovation pursuant to the act. The act requires the commissioner to submit to the Department of Justice fingerprint images and related information required by the Department of Justice of every applicant, as specified, for purposes of obtaining information as to the existence and content of, among other things, a record of state or federal convictions and state or federal arrests. This bill would repeal that provision and would, instead, require the commissioner to require a background investigation of each applicant by means of a Federal Bureau of Investigation criminal history record check and would require the submission of fingerprints for each applicant, as prescribed. The bill would prohibit an application for a license from being denied for, among other things, a criminal conviction if the convicted person has obtained a certain certificate of rehabilitation or has been granted clemency or a pardon by a state or federal executive. Existing law requires the commissioner to, upon an application for licensure, investigate specified persons related to an applicant depending upon whether the applicant is a partnership or is a corporation, trust, limited liability company, or association, as specified, including, if the applicant is a partnership, the general partners. This bill would revise and recast those provisions, including by requiring the commissioner to, with respect to an applicant that is a partnership, investigate the applicant's managing partners and supervising partners, as defined in the partnership agreement. This bill would, for purposes of the act, specify that "applicant" includes a natural person, partnership, corporation, limited liability company, trust, estate, cooperative, association, or other entity, who applies for a license. (5) Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA establishes the Department of Cannabis Control, under the supervision and control of a director, to administer and enforce its provisions. MAUCRSA authorizes the director to employ and appoint all employees necessary to properly administer the work of the department, in accordance with civil service laws and regulations. MAUCRSA requires the director to designate the persons employed by the department for purposes of the administration and enforcement of MAUCRSA, and requires the director to ensure that a sufficient number of employees are qualified peace officers for purposes of enforcing MAUCRSA. MAUCRSA requires the Department of Cannabis Control to submit to the Department of Justice fingerprint images and other related information for criminal history information checks of certain employees, prospective employees, contractors, and subcontractors, as specified. MAUCRSA requires the Department of Cannabis Control to request from the Department of Justice subsequent notification service for those individuals, as specified. This bill would repeal the requirement that the Department of Cannabis Control request from the Department of Justice subsequent notification service. The bill would also define criminal offender record information and controlled substances for purposes of the criminal history information check provisions. MAUCRSA authorizes the department to issue state cannabis licenses and specifies license classifications, including, among others, a Type 13—Cannabis event organizer license classification. This bill would define a cannabis event organizer for purposes of the Type 13—Cannabis event organizer license classification as a person authorized to plan and organize temporary cannabis events. The bill would add a Type 14—Processor classification to the codified list of license classifications, and would define a processor for these purposes as a person authorized to engage in only trimming, drying, curing, grading, packaging, and labeling of cannabis and nonmanufactured cannabis products. (6) This bill would appropriate the sum of $10,000 from the General Fund to the Department of Justice for purposes of implementing these provisions. (7) AUMA authorizes the Legislature to amend its provisions with a 23 vote of both houses to further its purposes and intent, except as specified. This bill would state that the bill furthers the purposes and intent of AUMA. (8) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Assembly Sep 13, 2023

AB 140: Early childcare and education.

Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age. Existing law, the Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs, including, but not limited to, part-day and full-day developmentally and age-appropriate programs for 3- and 4-year-old children. Existing law requires the State Department of Social Services to coordinate with the State Department of Education and others to develop the state plan for purposes of the federal Child Care and Development Fund (CCDF) . 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. Existing law requires the state and Child Care Providers United - California to establish a Joint Labor Management Committee to develop recommendations for a single reimbursement rate structure that addresses quality standards for equity and accessibility while supporting positive learning and developmental outcomes for children, as specified. Existing law also requires the department, in collaboration with the State Department of Education, to develop and conduct an alternative methodology, as specified, in order to set reimbursement rates for state-subsidized childcare and development services. This bill would, among other things, require the State Department of Social Services to, no later than May 15, 2024, report the status of the draft CCDF state plan to specified budget subcommittees and the Legislative Analyst's Office on the state's proposed single rate structure, and to, no later than July 1, 2024, submit the necessary information to support use of a single rate structure utilizing the alternative methodology to the United States Department of Health and Human Services, Administration for Children and Families in the state plan or an amendment to the state plan. The bill would also require the department to provide the same budget subcommittees and the Legislative Analyst's Office with an outline of implementation components for the approved single rate structure within 60 days of federal approval of the single rate structure utilizing the alternative methodology in the state plan, and would require that single rate structure to apply to specified subsidized childcare and development programs under the department and state preschool programs under the State Department of Education. This bill would require, on or before March 1, 2024, a contractor operating a California state preschool program through a family childcare home education network and each county and contractor that reimburses childcare providers for the provision of state-funded subsidized childcare and development services to develop, implement, and publish a plan for timely payment to providers, as specified. This bill would allocate previously appropriated funds in the Budget Act of 2023 to the State Department of Social Services and State Department of Education to provide specified family childcare providers and childcare centers with a monthly cost of care plus rate commencing January 1, 2024, and through June 30, 2025, inclusive, and a flat-rate, one-time payment, as specified. Existing law previously appropriated funds for the establishment of the Joint Child Care Providers United - State of California Training Partnership Fund and to establish a health care benefits trust administered by Child Care Providers United - California, as specified. This bill would allocate additional funds for those purposes, as specified. The bill would also appropriate $100,0000 from the General Fund to the State Department of Social Services for a one-time contribution to Child Care Providers United - California, or its designee, for the establishment of the Child Care Providers United - California Retirement Trust, and $80,000,000 from the General Fund to the State Department of Social Services for a lump-sum contribution to the trust for the purpose of providing retirement benefits to family childcare providers, and would allocate additional funds for that purpose, as provided. The bill would also approve the agreement dated June 30, 2023, entered into by the Governor and Child Care Providers United - California, in its sole capacity as the certified provider organization representing family childcare providers, as specified. This bill would provide that if specified provisions of the bill are in conflict with the provisions of a memorandum of understanding reached between the Governor and a certified provider organization pursuant to a specified provision, the memorandum of understanding shall be controlling without further legislative action, except as specified. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Assembly Sep 13, 2023

AB 135: Public safety.

(1) Existing law, operative as of January 1, 2024, will, in a case in which the party bearing the burden of proof proffers expert testimony regarding medical causation and the party's expert is required as a condition of testifying to opine that causation exists to a reasonable medical probability, allow the party not bearing the burden of proof to offer the testimony of a contrary expert only if the expert can testify that a proffered alternative cause exists to a reasonable medical probability or that a matter cannot meet a reasonable degree of probability in the applicable field, as specified. This bill would, operative as of January 1, 2024, specify that the above provision applies only to general civil actions, as defined in the California Rules of Court. (2) Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to contract for the establishment and operation of separate community correctional reentry centers, as specified. Existing law authorizes the secretary to entertain proposals for the establishment and operation of community correctional reentry centers from public and private entities and requires that preference be given to community correctional reentry centers located near large population centers. This bill would authorize the department to enter into long-term contracts, not to exceed 10 years, for the transfer of prisoners to, or placement of prisoners in, facilities under contract pursuant to these provisions. The bill would require that the secretary advertise potential contracts under these provisions and would require that priority be given to certain community correctional reentry centers, as specified. The bill would prohibit the department, for contracts entered into on or after October 14, 2023, from contracting for the establishment of community correctional reentry centers located in current or former state prison facilities or on current or former state prison property. (3) Existing law requires the Department of Justice to provide subsequent state or federal arrest or disposition notification to the State Department of Social Services, the Medical Board of California, the Osteopathic Medical Board of California, and other authorized entities to assist in, among other things, fulfilling employment, licensing, or certification duties. Existing law requires an entity, other than a law enforcement agency, as defined, to enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes. This bill would authorize the department to submit fingerprints to the Federal Bureau of Investigation, where they will be retained for the purpose of being searched against future submissions to the FBI, as specified. The bill would authorize the department to search latent fingerprint images against all retained fingerprint submissions. The bill would also authorize the department to collect fees for federal subsequent notification services and remit the fees to the FBI. Existing law authorizes a human resource agency or an employer to request from the Department of Justice 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. Existing law requires a request for records to include the applicant's fingerprints and any other data specified by the department. Existing law requires the department to furnish the information to the requesting employer and to send a copy of the information to the applicant. This bill would establish procedures for the department, human resource agency, and employer to follow when a request is made to the department for the conviction and arrest records described above, including that the department, upon receipt of a background check report lacking disposition data, would be required to conduct research, as specified, to obtain complete data, that the human resource agency or employer would be required to retain a waiver signed by the applicant, employee, or volunteer allowing the release of state and federal level criminal history information, and that a human resource agency or employer would be required to notify the person in writing of their right to obtain a copy of any background screening report, as specified, to challenge the accuracy and completeness of any information contained in the report, and to obtain a determination as to the validity of that challenge before a final determination regarding the person is made by the human resource agency or employer reviewing the criminal history information. (4) Existing law requires the Department of Justice to approve the sale or transfer of ammunition, with specified exceptions. Existing law requires the department to recover the reasonable cost of regulatory and enforcement activities related to the authorization of ammunition sales or transfers by charging ammunition purchasers and transferees a $1 transaction fee, which may be increased at a rate not to exceed the increase in the California Consumer Price Index nor the reasonable cost of regulatory and enforcement activities. Existing law creates the Ammunition Safety and Enforcement Special Fund within the State Treasury, into which those fees are deposited. Existing law continuously appropriates the fund for purposes of implementing, operating, and enforcing the ammunition purchase authorization program. This bill would authorize the Attorney General to adjust the fee as needed, not to exceed the reasonable cost of regulatory and enforcement activities related to the regulation of ammunition. By increasing the amount deposited in a continuously appropriated fund, this bill would make an appropriation. (5) Existing law prohibits, until January 1, 2024, a trial court from retaliating against an official court reporter or official court reporter pro tempore for notifying a judicial officer that technology or audibility issues are interfering with the creation of the verbatim record for a remote criminal proceeding. This bill would extend this provision until January 1, 2025. Existing law generally allows, until January 1, 2024, upon a defendant's waiver of the right to be physically present, criminal proceedings to be conducted through the use of remote technology, and prohibits a defendant charged with a felony or misdemeanor to appear remotely for a jury or court trial, except as specified. This bill would extend the provisions that would expire on January 1, 2024, until January 1, 2025. Existing law authorizes, until January 1, 2024, a witness in a criminal proceeding to testify using remote technology, as provided by statutes regarding the examination of victims of sexual crimes and conditional examinations of witnesses. This bill would extend these provisions until January 1, 2025. Existing law requires a defendant to be personally present in a preliminary hearing unless otherwise specified. Existing law prohibits these provisions from limiting the right of a defendant to waive the right to be present. Existing law, until January 1, 2024, includes the defendant's right to waive the right to appear through the use of remote technology from being limited by these provisions. This bill would extend the provision that would expire on January 1, 2024, to January 1, 2025. (6) Under existing law, the juvenile court may retain jurisdiction over a person who is found to be a ward or dependent child of the juvenile court until the ward or dependent child attains 21 years of age, except as provided. This bill would specify that the court may retain jurisdiction over a person who is 25 years of age or older for a period not to exceed 2 years from the date of disposition if the person is found to meet certain conditions. The bill would require the court to exercise jurisdiction in conformance with the objectives of the juvenile court. (7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
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