Existing law requires the Secretary of State to transmit a certified list of candidates for partisan and voter-nominated offices eligible to be voted on within each county to the county elections official at least 68 days before a primary or general election. Existing law also requires the Secretary of State to notify the candidates for partisan and voter-nominated offices of the names, addresses, offices, occupations, and party preferences of all other candidates for the same office at least 73 days before the election. Existing law imposes various deadlines pertaining to candidates and elections. Existing law requires a candidate who submits a ballot designation to file a ballot designation worksheet, as specified. This bill would move the deadline to notify candidates of the other candidates for the same office to at least 78 days before the election. The bill would move other specified deadlines earlier, including the deadline for the Secretary of State to publicly announce a list of candidates and the availability of specified forms and documents. The bill would require a candidate to certify, under penalty of perjury, the truth and accuracy of the content of the ballot designation worksheet. By expanding the crime of perjury, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 13307 of the Elections Code proposed by SB 1360 to be operative only if this bill and SB 1360 are enacted and this bill is enacted last. 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 sets forth a method for providing special education and related services to pupils with exceptional needs. Existing law permits, under certain circumstances, contracts to be entered into for the provision of those services by nonpublic, nonsectarian schools or agencies. Existing law defines "nonpublic, nonsectarian school" and "nonpublic, nonsectarian agency" for these purposes. Existing law authorizes a master contract for special education and related services provided by a nonpublic, nonsectarian school or agency only if the school or agency has been certified as meeting specified standards. Existing law sets forth the certification process and procedures for the nonpublic, nonsectarian schools or agencies that seek certification from the Superintendent of Public Instruction, including that the school or agency file an application with specified information. Existing law requires the Superintendent, before certification of a nonpublic, nonsectarian school or agency, to conduct an onsite review of the facility and program for which the applicant seeks certification and authorizes the Superintendent to verify that the school or agency has received a successful criminal background check clearance and has enrolled in subsequent arrest notice service for each owner, operator, and employee of the school or agency. Existing law requires the Superintendent to monitor the facilities, educational environment, and quality of the educational program of an existing certified nonpublic, nonsectarian school or agency on a 3-year cycle, as provided. Existing law requires the master contract for nonpublic, nonsectarian school or agency services to include, among other things, an individual service agreement for each pupil placed by a local educational agency. Existing law requires a contracting local educational agency to pay the full amount of the tuition or fees, as applicable, for individuals with exceptional needs who are enrolled in programs or receiving services provided pursuant to the contract. Existing law requires a master contract for nonpublic, nonsectarian school or agency services to be developed in accordance with specified provisions, including, among others, that the master contract specify the general administrative and financial agreements, including teacher-to-pupil ratios, between the school or agency and the local educational agency to provide the special education and designated instruction services. Existing law requires a certified nonpublic school or agency to provide written notification to the State Department of Education and the local educational agency with which it has a master contract of any pupil-involved incident at the school or agency in which law enforcement was contacted. This bill would eliminate the requirement that nonpublic schools or agencies that enter into contracts for the provision of special education services be nonsectarian. The bill would (A) exclude from the above-described tuition or fees the amount attributable to the provision of religious instruction, which the bill would define for these purposes, (B) prohibit public funds paid pursuant to those contracts from being used to pay for religious instruction at a nonpublic school or agency, (C) prohibit a nonpublic school or agency from providing religious instruction to pupils placed by a local educational agency, as provided, (D) require an applicant seeking an initial or renewal certification to certify, under penalty of perjury, that all educational services provided to pupils placed by a local educational agency under a master contract with a local educational agency are secular, neutral, and respectful regarding religion and religious view, as provided, and (E) notwithstanding any other law, prohibit a nonpublic school or agency, in performing services under a master contract, individual service agreement, or individualized education program, from subjecting any person to discrimination on the basis of specified protected characteristics. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require a master contract and individual services agreement for nonpublic school or agency services to contain provisions requiring compliance with those 5 described provisions. The bill would require the above-described application for a nonpublic school seeking certification from the Superintendent to include (A) an assurance that the nonpublic school has requested from the Commission on Teacher Credentialing a list of all credentialholders who have had final adverse action taken against their credential, (B) commencing July 1, 2027, documentation that specified staff and administrators have obtained fingerprint clearance with the commission, as provided, (C) commencing January 1, 2028, a list of staff providing instruction and services to pupils in the state and copies of their credentials, as specified, and (D) affidavits and assurances necessary to comply with all applicable federal, state, and local laws and regulations that include criminal record summaries and subsequent arrest notifications required of all nonpublic school personnel, including contractors, having contact with minor children. The bill would require, instead of authorize, the Superintendent to verify that a nonpublic school or agency seeking certification has received a successful criminal background check clearance and has enrolled in subsequent arrest notice service for each owner, operator, employee, and contractor of the nonpublic school or agency, as applicable. The bill would require the Superintendent, as part of monitoring the quality of the educational program of an existing certified nonpublic school, to also monitor the criminal background checks required for employment and pupils' receipt of any mandated instruction required for all pupils of local educational agencies, as specified. The bill would require the Superintendent, as part of monitoring an existing certified nonpublic agency, to instead monitor the agency for compliance with applicable statutory and regulatory requirements. The bill would require the department to (A) require each person employed by a nonpublic school interacting with a California pupil to undergo a fingerprint-based state and national criminal history background check, (B) submit those fingerprints, and (C) request subsequent arrest records, as specified. The bill would require the Department of Justice to provide a state and federal response to those requests in accordance with specified provisions. The bill would require a certified nonpublic school to additionally provide written notification to the department and the local educational agency with which it has a master contract of any pupil-involved incident at the school resulting in, among other things, a serious injury to a pupil, as specified, or the commencement of an investigation into an employee or contractor involving an allegation of misconduct. The bill would require a nonpublic school employing a person with a credential to report any change in employment status of the credentialholder to the commission within 30 days if the change in status is a result of an allegation of misconduct, as specified. The bill would also make conforming changes. (2) Existing law authorizes the Superintendent to revoke or suspend the certification of a nonpublic, nonsectarian school or agency for specified reasons, including, among other reasons, failure to notify the department in writing within 45 days of certain occurrences, including changes in staff or facilities, failure to notify the Superintendent in writing within 10 days of revocation or suspension of a license or permit, and failure to notify the Superintendent in writing within 10 days of the death of a pupil. This bill would, among other things, require, instead of authorize, the suspension or revocation of the certification of a nonpublic school or agency for any of those specified reasons, and would revise the above-described notification timelines, as specified. If an investigation conducted by the department results in a finding that pupil health or safety has been compromised or is in danger of being compromised at a nonpublic, nonsectarian school or agency, existing law authorizes the department to immediately suspend or revoke the certification of the nonpublic, nonsectarian school or agency. This bill would require, instead of authorize, the department to take the above-described action. (3) Existing law authorizes the governing board of a school district or a county board of education to request the State Board of Education to waive all or part of specified education laws or regulations adopted by the state board, as provided, with exceptions. Existing law requires the state board to approve any and all requests for waivers except in those cases where the state board specifically finds, among other things, that the educational needs of the pupils are not adequately addressed. This bill would prohibit the state board from waiving all or part of any laws relating to special education pursuant to the above-described provisions. Existing law authorizes a public agency, as defined, to request the state board to grant a waiver of any provision of education laws or regulations adopted pursuant to those provisions if the waiver (A) is necessary or beneficial to the content and implementation of a pupil's individualized education program and (B) does not abrogate any rights provided to individuals with exceptional needs and their parents or guardians, or affect the compliance of a local educational agency with specified federal regulations. Existing law authorizes the state board to grant, in whole or in part, any of those requests when the facts indicate that a failure to do so would hinder implementation of a pupil's individualized education program or compliance by a local educational agency with specified federal mandates. This bill would prohibit a waiver submitted by a public agency on or after January 1, 2027, that is related to the placement of a pupil other than at a local educational agency to waive specified requirements from being approved unless it includes, among other things, a description of how the public agency requesting the waiver will oversee and evaluate the pupil's placement and that certain requirements are met, as provided. (4) 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 requires the commission to make available to each private school a listing of all credentialholders who have had final adverse action taken against their credential which is required to be identical to that made available to public schools in the state. This bill would require the commission to also make available the above-described listing to the State Department of Education. The bill would require the department to request notice from the commission regarding the list, monitor the status of the credentialholders at nonpublic schools, and confirm that a credentialholder has been removed from contact with California pupils when a credentialholder has their credential suspended or revoked, and would impose the same requirements on a local educational agency with respect to each nonpublic school that it has a master contract with, as provided. (5) This bill would incorporate additional changes to Section 48986 of the Education Code proposed by AB 1943 to be operative only if this bill and AB 1943 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 51225.2 of the Education Code proposed by AB 1659 to be operative only if this bill and AB 1659 are enacted and this bill is enacted last. (6) 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.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would provide that a specified City of San Diego environmental impact report for a mixed-use development project, known as the Midway Rising project, is deemed sufficient, adequate, and complete for full compliance with CEQA and that any approval of the project may rely conclusively on that report for compliance with CEQA. The bill would require that all mitigation measures adopted by the City of San Diego as the lead agency be conditions of approval of the project. The bill would require the lead agency to monitor and enforce those conditions for the life of each applicable obligation. To the extent this requirement would impose new duties on a local agency, the bill would impose a state-mandated local program. The bill would require the project applicant to submit to the lead agency an annual status report on the implementation of those conditions. The bill would make its provisions operative upon the effective date of the bill or on the date the City Council of the City of San Diego certifies the report, whichever occurs later. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Diego. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the California College Promise, under the administration of the Chancellor of the California Community Colleges, to provide funding, upon appropriation by the Legislature, to each community college meeting prescribed requirements. Existing law authorizes a community college to use that funding to waive some or all of the fees for 2 academic years for first-time community college students and returning community college students, as defined, who are enrolled in 12 or more semester units or the equivalent, or fewer for students certified as "full time" by a staff person in the disabled student services program, as specified, and who complete and submit either a Free Application for Federal Student Aid or a California Dream Act application, except as provided. This bill would instead require, for purposes of eligibility for the California College Promise, that students be enrolled in 9 or more, rather than 12 or more, semester units or the equivalent, or fewer for a student certified as eligible, based on a commitment by the student that is analogous to the 9-semester-unit or equivalent workload, by a staff person in the disabled student services program. The bill would additionally require, as a condition of receiving funding for the California College Promise, community colleges to provide a written notification to initial recipients of the California College Promise that includes specified information related to the 2 academic years of eligibility for the California College Promise.
The Passenger Charter-party Carriers' Act provides for the regulation of charter-party carriers of passengers by the Public Utilities Commission and includes specific requirements applicable to transportation network companies, which are defined as certain organizations that, using an online-enabled application or platform, connect passengers with drivers using a personal vehicle. The act establishes the California Clean Miles Standard and Incentive Program, which requires, by January 1, 2020, that the State Air Resources Board establish a baseline for emissions of greenhouse gases for vehicles used on the online-enabled applications or platforms by transportation network companies on a per-passenger-mile basis, as provided. The act requires, by January 1, 2021, that the state board establish, and the commission implement, annual targets and goals, in accordance with specified requirements, starting in 2023 for the reduction under that baseline for emissions of greenhouse gases per passenger mile driven on behalf of a transportation network company. The act makes a violation of the act, or an order or direction of the commission pursuant to the act, a crime. This bill would require, by January 1, 2028, the state board to adopt, and the commission to implement, updated annual targets and goals starting in 2029 for the reduction under that baseline for emissions of greenhouse gases per passenger mile driven on behalf of a transportation network company in accordance with specified requirements. The bill would prohibit the commission from finding a transportation network company in violation of the program under specified circumstances. The bill would prohibit the commission from adopting or enforcing any penalties against transportation network companies for the failure to meet the targets or goals adopted under the program by the state board applicable before the 2029 calendar year. However, the bill would require a transportation network company to meet specified targets for passenger miles traveled using a zero-emission vehicle in the 2027 and 2028 calendars years. The act requires the state board to delay adoption, and the commission to delay implementation, of the targets and goals adopted pursuant to the program if the state board or commission finds that unanticipated barriers exist to expanding the usage of zero-emission vehicles by transportation network companies. The act requires the state board and commission to review the available data related to barriers to expanding the usage of zero-emission vehicles by transportation network companies no less often than every 2 years. This bill would instead require the state board to adjust the targets and goals, and the commission to delay implementation of those targets and goals, if the state board or the commission makes specified findings, including that barriers exist to expanding the usage of zero-emission vehicles by transportation network companies at the rates established by the state board. The bill would revise the above-described review requirement to instead require the state board and commission, no less often than every 2 years, to review the targets and goals adopted under the program and the available data necessary to make any of those specified findings.
The California Constitution, pursuant to provisions enacted by the Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, statewide general election, prohibits the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting, as specified. This measure, the Closing the Student Opportunity and Achievement Gap Act, would, instead, limit the above prohibition to the operation of public employment, public higher education admissions and enrollment, and public contracting. The measure would require that it appear on the ballot at the November 7, 2028, statewide general election.
(1) Existing law requires a local agency to declare land either "surplus land" or "exempt surplus land," as supported by written findings, before the local agency may take any action to dispose of it consistent with an agency's policies or procedures and defines terms for these purposes. Existing law generally requires a local agency, before disposing or negotiating to dispose of surplus land, to provide a written notice of the availability of the surplus land to specified entities and housing sponsors. Existing law provides that an agency is not required to follow the requirements for the disposal of surplus land for "exempt surplus land." Existing law defines "exempt surplus land" to include certain types of land, including, surplus land totaling 10 or more acres, consisting of either a single parcel, or 2 or more adjacent or nonadjacent parcels combined for disposition to one or more buyers pursuant to a plan or ordinance adopted by the legislative body of the local agency, or a state statute and certain surplus land that is a former military base, known as the Alameda Naval Air Station, if specified conditions are met. Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Office of Land Use and Climate Innovation. This bill would revise the definition of "exempt surplus land" to remove the reference to buyers and instead mean 2 or more adjacent or nonadjacent parcels combined for disposition to one or more persons or entities, as specified. The bill would also exempt surplus land that is a former military base that was conveyed by the federal government to a local agency or a local reuse authority, and that is all or any portion of the Concord Naval Weapons Station, if certain requirements are met, including that the former military base has an aggregate area greater than 5 acres and that before disposition of the land, the local agency or local reuse authority has entered into a disposition and development agreement that stipulates that at least 25% of the aggregate residential units permitted to be developed will be restricted to lower income households with an affordable housing cost or affordable rent for a minimum of 55 years for rental housing and 45 years for owner-occupied housing, as specified. The bill would regulate actions challenging the disposition and would prescribe penalties for violations of these provisions. The bill would also regulate the actions of the local agency or local reuse authority, including, among other things, requiring the local agency or local reuse authority to include in the annual report the status of development of residential units on the former military base, as specified. (2) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would provide that specified environmental review documents satisfy the requirements of CEQA for any project within the portion of the Concord Naval Weapons Station included within the boundaries of the area plan for the Concord Community Reuse Project, as provided, that has land use types that are consistent with the area plan land use types and locations for those land use types that are consistent with the area plan diagram and the project does not cause the aggregate development in the area plan to exceed the area plan maximum planning areawide total, as specified. The bill would further provide that a project that contains land use types that are consistent with the area plan land use types in locations that are not consistent with the area plan diagram would be subject to review pursuant to CEQA, and would be limited to review of the location of land use types that are not consistent with the area plan diagram, as provided. In any action or proceeding challenging a project described above, the bill would require a project applicant to pay any additional costs incurred by the courts in hearing cases relating to the challenge of the project and would require a lead agency to lodge a copy of the certified record of proceedings with the superior court within 10 calendar days after being served with a complaint or a petition for a writ of mandate. Because the bill imposes new duties on local agencies, the bill would impose a state-mandated local program. The bill would require the Judicial Council, on or before July 1, 2027, to adopt rules of court that require any action or proceeding brought to attack, review, set aside, void, or annul the approval of any project within the plan area or any environmental impact review for any project within the plan area, including any potential appeals to the court of appeal or the California Supreme Court, to be resolved to the extent feasible within 270 calendar days of the filing of the certified record of proceedings with the court. The bill would make these provisions severable. (3) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Concord. (4) 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. (5) This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law, the State Bar Act, requires the certification of lawyer referral services by the State Bar of California, as specified, and imposes a civil penalty and damages that are recovered in a civil action for a violation of these requirements, as specified. The act excludes certain entities from being considered a lawyer referral service for these purposes. This bill would additionally exclude from being considered a lawyer referral service an individual attorney or a group of individual attorneys practicing together who are actively representing clients for whom they are personally providing legal services, and, incidental to that active representation, refer a potential client to another attorney under specified circumstances. (2) Existing law establishes various requirements and deadlines for the filing and service of prescribed motions in civil actions, including a motion for summary judgment and a motion for judgment on the pleadings, as specified. A notice of motion for summary judgment or motion for judgment on the pleadings must be served on all other parties to the action at least 81 days before the time appointed for hearing, except when the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, in which case the required 81-day period of notice must be increased by 2 court days. For prescribed motions other than a motion for summary judgment or a motion for judgment on the pleadings, as specified, existing law requires a notice of such motion to be provided at least 16 court days before the hearing, except when the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, in which case the required 16-day period of notice before the hearing must be increased by 2 calendar days. Existing law authorizes the service of documents in a civil action by electronic means pursuant to rules adopted by the Judicial Council, as specified. This bill would clarify that service of a notice of motion described above by electronic service is not among the methods of service requiring an increase to the period of notice. The bill would also make conforming changes. The bill would establish a procedure and timeline to allow a party or non-party in a civil action, upon stipulation, to screen their sensitive medical and personal records for privacy and relevance before the records are provided to a subpoenaing party, as specified.
Existing law prohibits a person or entity from knowingly distributing an election communication containing materially deceptive content that portrays specified candidates and officials as doing or saying something that the candidate or official did not do or say if the content is reasonably likely to harm the reputation or electoral prospects of a candidate or is reasonably likely to falsely undermine confidence in the outcome of an election. Existing law applies this prohibition within 120 days of an election in California and, for content involving elections officials and voting machines and related equipment, up to 60 days after an election. Existing law exempts an election communication from this prohibition if the content includes a disclosure stating that the communication has been manipulated. Existing law requires, for visual media, that the text of this disclosure appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. This bill would instead prohibit the distribution of materially deceptive content that is material to a voter's electoral decisions or to public confidence in an election's process or outcome, as specified. The bill would set forth additional requirements relating to the color and font size of the disclosure's text. The bill would specify that the prohibition applies within the 30 days before an election in California with regard to candidates for any federal, state, or local elected office and elected officials and, with regard to elections officials and voting machines and related equipment, beginning 30 days before an election through 38 days after the election. Under existing law, the prohibition does not apply to an advertisement or other election communication containing materially deceptive content that constitutes satire or parody if the communication includes a specified disclosure. This bill would also exempt an advertisement or other election communication from these prohibitions if a reasonable person would understand that the content was satire or parody. Existing law authorizes a recipient of materially deceptive content, among others, to seek an injunction or to bring an action for general or special damages against the person, committee, or other entity that distributed or republished the materially deceptive content. This bill would instead authorize the individual depicted in the materially deceptive content to seek the injunction or to bring the action for general or special damages. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Secretary for Environmental Protection to convene the Lithium-Ion Car Battery Recycling Advisory Group to review, and advise the Legislature on, policies pertaining to the recovery and recycling of lithium-ion vehicle batteries sold with motor vehicles in the state. Existing law also requires the advisory group to submit policy recommendations to the Legislature aimed at ensuring that as close to 100% as possible of lithium-ion vehicle batteries in the state are reused or recycled at end of life in a safe and cost-effective manner. Existing law designates the State Air Resources Board as the state agency charged with coordinating efforts to attain and maintain ambient air quality standards and to regulate emissions from motor vehicles. Existing state board regulations require certain new motor vehicles to be equipped with specified traction battery labels. This bill would require, commencing July 1, 2028, a battery supplier, as defined, to equip a new vehicle traction battery sold in the state with a permanent label containing only specified information, as provided. The bill would require a remanufacturer to rebrand and relabel a remanufactured vehicle traction battery, as provided. The bill would require each battery supplier and remanufacturer, no later than 90 days after the chaptering of the act, to register with the state board and provide the state board with specified information. The bill would require those entities to update that registration and information annually and upon request of the board, as provided. The bill would require the state board to adopt regulations no later than July 1, 2031, to implement and enforce these provisions and would require the state board to determine the most cost-effective means to accept required electronic submissions, as provided. This bill would require battery suppliers, beginning July 1, 2029, and annually thereafter, to pay the state board a fee sufficient to cover the state board's full personnel, administrative, regulatory, and loan and interest costs related to implementing and enforcing these provisions. The bill would require the state board to create a tiered fee schedule based on each battery supplier's share of total in-state vehicle registrations with vehicle traction batteries 10 years prior, and would exempt establishment of and updates to that schedule from the Administrative Procedure Act. The bill would establish the Vehicle Traction Battery Recovery Fund (fund) in the State Treasury and would require the state board to deposit all fee moneys into the fund, as specified. Moneys in the fund would be available, upon appropriation by the Legislature, only to implement and enforce these provisions, and to reimburse specified loans and interest. The bill would authorize, upon appropriation by the Legislature, the Director of Finance to make a loan from an unspecified fund to the fund to meet regulatory and startup costs of the state board's activities pursuant to these provisions. The state board's duties under the bill would be contingent upon an appropriation for these purposes.
(1) Existing law requires that specified actions for recovery of damages suffered as a result of childhood sexual assault that occurred before January 1, 2024, 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 period expires later. Existing law prohibits a plaintiff from commencing specified actions against a person or entity who did not commit the act of childhood sexual assault on or after the plaintiff's 40th birthday unless the offending person or entity knew or had reason to know of any misconduct that created 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. Existing law provides that there is no time limit for commencement of actions for recovery of damages suffered as a result of childhood sexual assault which occurred on or after January 1, 2024. Actions subject to these time limits include actions for liability against any person or entity who owed a duty of care to the plaintiff and an action for liability against any person or entity for an intentional act that was the legal cause of the childhood sexual assault. Existing law provides that in actions against entities for violation of a duty of care, the plaintiff must establish that the entity acted wrongfully or negligently. This bill would shorten the amount of time a victim of childhood sexual assault that occurred before January 1, 2024, would have to file a specified action to 22 years from the date the plaintiff attains the age of majority or within 3 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 period expires later. The bill would, for actions seeking damages for childhood sexual assault that occurred before January 1, 2024, and filed on or after January 1, 2026, against a public entity, or one of its employees or agents, by a plaintiff who is 40 years of age or older, require the plaintiff to prove by clear and convincing evidence that the public entity knew of misconduct that resulted in childhood sexual assault and failed to take reasonable steps or implement safeguards to avoid it, as specified, and that the public entity negligently discharged a mandatory duty. For these cases, the bill would also require the court to review specified factors when adjudicating motions for remittitur and would authorize a court to structure judgments against public entities so that they could be paid over time. (2) For actions for recovery of damages suffered as a result of childhood sexual assault, existing law requires a plaintiff 40 years of age or older at the time the action is filed to file certificates of merit executed by the plaintiff's attorney and a mental health practitioner setting forth specified information. Existing law provides that the failure to file certificates in accordance with these provisions is grounds for a demurrer. This bill would instead require the certificates to be filed concurrently with the complaint and would prohibit a court clerk from accepting the filing of a complaint that lacks the certificates, except as specified. Additionally, the bill would require the certificates of merit to declare that the plaintiff's attorney is licensed to practice law in California and is in good standing with the State Bar. (3) Existing law authorizes a victim of childhood sexual assault who proves it was as the result of a cover up, as defined, to recover up to treble damages against the defendant who is found to have covered up the sexual assault, unless prohibited by another law. This bill would prohibit such treble damages from being imposed against a defendant that is a public entity. (4) Existing law prescribes the powers and duties of local legislative bodies. Under existing law, if a statute requires a local agency to take legislative action by resolution, and the local agency's charter requires it to take legislative action by ordinance, action by ordinance is compliant with the statute for all purposes. On or before December 1, 2027, this bill would require a local governmental body and a local educational agency, as those terms are defined, to each adopt codes of conduct and a sexual assault prevention plan that promote a safe environment for minors, as specified. The bill would require a local governmental body and a local educational agency to each adopt written policies, plans, or specifications regarding how grooming and sexual abuse concerns and risks will be reported. The bill would require a local governmental body to submit a copy of its adopted codes of conduct to the Attorney General on or before January 1, 2028, and would require the Attorney General to issue a report to the relevant policy committees of the Legislature on or before January 1, 2029, that lists, among other things, each local governmental body or local educational agency that has or has not complied with the requirements prescribed by this bill. The bill would provide that if a local governmental body or local educational agency is licensed or certified by a state agency to provide care or services to minors, the codes of conduct the agency must draft may not supersede the state laws or regulations enforced by the licensing or certifying agency. By imposing new duties on local governments, this bill would impose a state-mandated local program. (5) The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California (State Bar) , a public corporation governed by a board of trustees. Existing law subjects an attorney to discipline by the State Bar for violating the rules of professional conduct, among other acts, and it also subjects an attorney to civil penalties or criminal sanctions, including for unlawful solicitation, as specified. This bill would subject an attorney who brings a civil claim alleging childhood sexual assault in bad faith, as defined, to a civil penalty of $25,000 per violation. The bill would additionally authorize the Attorney General, a city attorney, or a county counsel to enforce those provisions. The bill would entitle a prevailing plaintiff in an action seeking this civil penalty to an award of reasonable attorney's fees and costs. (6) Existing law makes the personnel records of peace officers and custodial officers confidential and not disclosable in any criminal or civil proceeding except through discovery, as specified. This limitation does not apply to investigations or proceedings concerning the conduct of such officers that are conducted by specified entities, such as a grand jury, a district attorney, or the Commission on Peace Officer Standards and Training. Beginning January 1, 2028, this bill would also exclude an investigation or proceeding conducted by the Division of the Ombudsperson of the Office of Youth and Community Restoration from this limitation. (7) In a civil action for personal injury, property damage, or wrongful death, existing law prohibits the joint liability of each defendant for noneconomic damages, as defined. Existing law requires each defendant in such an action to be liable only for the amount of noneconomic damages allocated to that defendant in direct proportion to that defendant's percentage of fault. In a civil action filed on or after January 1, 2027, alleging personal injury, property damage, or wrongful death against a public entity, this bill would also prohibit the joint liability of each public entity defendant for economic damages, as defined, unless the public entity is found to be more than 15% at fault. (8) Under existing law, bonds, warrants, contracts, obligations, and evidences of indebtedness, for the purpose of validating proceedings, are deemed to be in existence upon their authorization, as specified. This bill would provide that, for purposes of determining the validity of refunding bonds to refund a tort action judgment entered against a public agency, as specified, indebtedness is deemed to be in existence on the date of adoption by the governing body of the public agency of a resolution or ordinance, as specified. (9) Existing law permits a defendant or a cross-defendant in a civil proceeding under the Government Claims Act, or in any civil action for indemnity or contribution, to seek from the court, at the time of the granting of a motion for summary judgment, directed verdict, motion for judgment in a nonjury trial, or nonsuit dismissing the moving party other than the plaintiff, petitioner, cross-complainant, or intervenor, a determination of whether the plaintiff, petitioner, cross-complainant, or intervenor brought their proceeding in good faith and with reasonable cause. If the court determines that the proceeding was not brought in good faith or with reasonable cause, existing law requires the court to decide the reasonable and necessary defense costs incurred by the party opposing the proceeding and to render judgment in favor of that party. Existing law applies these provisions only if the defendant or cross-defendant has made a motion for summary judgment, a motion for directed verdict, a motion for judgment in a nonjury trial, or nonsuit. This bill would expand the above provision to apply to a motion for judgment on the pleadings or a demurrer brought by a defendant or cross-defendant. The bill would require a motion brought by a defendant or cross-defendant to identify the specific plaintiffs for which the court's determination, as described above, is sought. The bill would also prohibit an award of defense costs under these provisions against an attorney from being passed on to a client as a litigation cost. (10) Existing law, the California School Finance Authority Act, authorizes a participating party, as defined, in connection with securing financing or refinancing of a project, or working capital, as defined, to elect to provide for funding payments of bonds issued by the California School Finance Authority and related obligations by electing to participate in a state or local intercept, or both, by an action of its governing board. Existing law requires the Controller, the county treasurer, or other appropriate county fiscal officer, as applicable, upon receipt of written notice provided by the participating party, to make an apportionment or revenue transfer from specified moneys designated for apportionment to the participating party. This bill would provide a similar authorization to a participating party, as defined, in connection with securing financing, refinancing, or refunding of a public debt obligation, as defined, to elect to provide for funding payments of the public debt obligation by electing to participate in a state or local intercept, or both, by an action of its governing board. The bill would require the Controller, the county treasurer, or other appropriate county fiscal officer, as applicable, upon receipt of written notice provided by the participating party, to make an apportionment or revenue transfer from specified moneys designated for apportionment to the participating party, as provided. The bill would authorize, and not require, a county to participate in local intercepts under these provisions. The bill would require a participating party to certify the payment schedule, as specified. By expanding the crime of perjury, this bill would impose a state-mandated local program. (11) Existing law authorizes the governing board of a school district that determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations to request an emergency apportionment through the Superintendent of Public Instruction, subject to specified requirements. Existing law prescribes the financing conditions on emergency apportionments, including a requirement for a school district to develop a schedule to repay the emergency loan, which the county superintendent of schools is required to review, comment on, and submit to the Superintendent for approval. Existing law authorizes emergency apportionments to be provided through an interim loan from the General Fund and lease financing to be made available by the California Infrastructure and Economic Development Bank, which is authorized to issue bonds for purposes of the emergency apportionments and related costs. Existing law prohibits the term of the lease from exceeding 20 years, except as specified. Existing law authorizes, as an alternative to lease financing, emergency apportionments to be provided from the General Fund. Existing law requires the emergency apportionment to be repaid within 20 years. This bill would require the school district to consult the county superintendent of schools and the County Office Fiscal Crisis and Management Assistance Team in developing the repayment schedule and would require the county superintendent of schools to submit the repayment schedule to the Department of Finance, instead of the Superintendent, for approval. The bill would extend the maximum term of a lease or for repayment of an emergency apportionment to 30 years. The bill would require the determination of the term to be made by the Department of Finance, in consultation with the school district, the county superintendent of schools, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team and would require the determination to take into consideration specified factors. To the extent the bill imposes new duties on county superintendents of schools, the bill would impose a state-mandated local program. (12) Existing law allows the Attorney General to assign an investigator upon request of a district attorney, sheriff, or chief of police, in any crime of statewide importance. This bill would require the Attorney General to investigate claims of systemic and longstanding sexual abuse of minors in specified juvenile detention centers operated by the County of Los Angeles and reports of fraudulent claims of sexual abuse of minors in, among others, the County of Los Angeles and the City of Santa Monica. The bill would require the Attorney General, by June 30, 2029, to prepare and submit a report to the Legislature summarizing their investigative findings pursuant to these provisions. The bill would make these reporting provisions inoperative on January 1, 2031. (13) Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as "mandated reporters," to report known or reasonably suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor. Existing law strongly encourages an employer of specific types of mandated reporters, and requires an employer of other types of mandated reporters, including an adult person whose duties require direct contact with and supervision of minors in performance of the minors' duties in the workplace, as specified, to provide their employees who are mandated reporters with training about their duties as a mandated reporter. Existing law requires that training to include training in child abuse and neglect identification. This bill would expand the list of employers that are required to provide this training to include those who employ, among others, peace officers, probation officers, and social workers, and would require that training to also include grooming behavior and sexual abuse risks. The bill would define "grooming behavior" for these purposes to mean a behavior that seeks to prepare, induce, or persuade a minor to engage in sexual activity or another form of exploitation. The bill would require an employer who is required to provide their employees with this training to ensure the employees take the training at least once every 2 years. By imposing new training requirements on local employees, this bill would impose a state-mandated local program. (14) Existing law establishes the California Child Welfare Council to serve as an advisory body responsible for improving the collaboration and processes of the multiple agencies and the courts that serve the children and youth in the child welfare and foster care systems. Existing law requires the council to monitor and report the extent to which child welfare and foster care programs and the courts are responsive to the needs of children in their joint care and issue advisory reports, no less frequently than annually, to the Governor, the Legislature, the Judicial Council, and the public. This bill would require the council, on or before July 1, 2028, to issue an advisory report that includes recommendations for policy changes that could aid in the prevention of sexual assault of minors in the custody or temporary care of public agencies or their contracted caregivers. The bill would require the council to transmit that report to the Governor and the Legislature, and make the report publicly available on a public-facing internet website. This bill would make these provisions inoperative on December 1, 2028, and would repeal those provisions as of January 1, 2029. (15) Existing law establishes the Office of the State Foster Care Ombudsperson within the State Department of Social Services, and prescribes certain powers for the office relating to the management of foster children, including receiving complaints made by or on the behalf of children in foster care and the dissemination of information on the rights of children and youth in foster care. Existing law requires the office to compile and make available to the Legislature all specified data collected over the course of the year, including the number, type, and source of complaints made. This bill would require the office, on or before July 1, 2028, to develop a specified plan to strengthen independent oversight, monitoring, safety, and rights protections for children and nonminor dependents in foster care who are at risk of sexual abuse, grooming, exploitation, trafficking, or retaliation. The bill would require the office to submit a report, as specified, to the Legislature, by February 1, 2029, and publish the report on its internet website. This bill would require the department, on or before March 1, 2028, to issue guidance to children's residential facilities that identifies best practices for preventing sexual abuse in such facilities. The bill would require all such facilities, on or before July 1, 2029, to have program statements that address responses to reports of sexual abuse, grooming, sexual exploitation, trafficking, retaliation, or interference when sexual abuse is alleged or suspected. (16) Existing law authorizes the State Department of Social Services to establish regulations for periodic inspections for various facilities, including foster family homes or certified family homes. Existing law specifies that every licensed community care facility, except for foster family homes, is subject to unannounced inspections by the department. This bill would require the department to place a children's residential facility, as defined, on enhanced monitoring, as specified, for not less than 12 months if 2 or more credible allegations within a 12-month period or 1 substantiated allegation are made involving certain conduct, including sexual abuse, grooming, sexual exploitation, or retaliation. The bill would require the department to, by January 10, 2028, and each year thereafter, update the Legislature regarding sexual safety in children's residential facilities. The bill would require the department to make these annual reports available on its public internet website. (17) Existing law establishes the Office of Youth and Community Restoration within the California Health and Human Services Agency. The office's mission is to promote trauma responsive, culturally informed services for youth involved in the juvenile justice system that support the youths' successful transition into adulthood and help them become responsible, thriving, and engaged members of their communities. Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California's adult and juvenile criminal justice system. This bill would require the office and the board to develop a plan to establish an oversight structure that ensures protections for youth in juvenile halls, camps, secure youth treatment facilities and other juvenile justice settings that are comparable to youth placed in licensed children's residential facilities. The bill would require the office and board to submit the plan to the Legislature on or before July 1, 2028, and to implement the plan on or before July 1, 2030. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. This bill would incorporate additional changes to Section 11165.7 of the Penal Code proposed by AB 2478 to be operative only if this bill and AB 2478 are enacted and this bill is enacted last. 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 requires a health facility, clinic, physician's office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information, as defined, to ensure that those communications include both (1) a disclaimer that indicates to the patient that a communication was generated by generative artificial intelligence, as specified, and (2) clear instructions describing how a patient may contact a human health care provider, employee, or other appropriate person. Existing law exempts from this requirement a communication read and reviewed by a human licensed or certified health care provider. This bill would require developers and deployers, as defined, of an artificial intelligence system that produces a prediction, classification, recommendation, evaluation, or analysis that aids decisionmaking related to diagnosis or treatment, known as a clinical decision support system, to make reasonable efforts to identify clinical decision support systems developed for use by deployers that are known or have a reasonably foreseeable risk for biased impacts resulting from deployment of the system in health programs or activities. The bill would require developers to make a statement describing the intended uses and known or reasonably foreseeable risks associated with the use of the clinical decision support system and certain documentation available to deployers, as specified. The bill would require developers to make reasonable efforts to mitigate known or reasonably foreseeable risk for biased impacts resulting from use of the clinical decision support system in health programs or activities. The bill would require deployers to regularly monitor clinical decision support systems and take reasonable and proportionate steps to mitigate known or reasonably foreseeable risk of biased impacts. The bill would specify that a person, partnership, state or local governmental agency, or corporation may be both a developer and a deployer.
