Existing law declares that it is the policy of the state to afford all persons in public schools, regardless of specified characteristics, including race or ethnicity, equal rights and opportunities in the educational institutions of the state, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies. Existing law defines "race or ethnicity" to include ancestry, color, ethnic group identification, and ethnic background. This bill would define ethnicity to include Jewish identity. Existing law specifies certain requirements relative to state agencies, boards, and commissions that directly or by contract collect demographic data as to the ancestry or ethnic origin of Californians, including the requirement to use separate collection categories and tabulations for each major Asian group and each major Pacific Islander group, as specified. Existing law requires these state agencies to include the demographic data in every demographic report on ancestry or ethnic origins of Californians by the state agency published or released on or after July 1, 2012. Existing law further requires these state agencies to make the collected data available to the public pursuant to state and federal law, except for personal identifying information, which existing law deems confidential. This bill would require a state agency that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to use a separate collection category and tabulation for Jewish ancestry or ethnicity, as specified and subject to a certain exception. The bill would require these state agencies to include the demographic data in every demographic report on ancestry or ethnic origins of Californians by the state agency published on or after January 1, 2030. The bill would further require these state agencies to make the collected data available to the public pursuant to state and federal law. The bill would prohibit state agencies from disclosing personal identifying information about any person whose demographic data is collected, and would require those agencies to apply deidentification and privacy protection methods to that data. The bill would limit the purposes for which state agencies can use the demographic data collected under these provisions. The bill would exempt any state agency administering a multiyear grant program with an established end date that began collecting demographic data prior to January 1, 2029, from being required to include or use the demographic category described above for interim or final reports. Existing law requires the Department of Corrections and Rehabilitation to collect voluntary self-identification information pertaining to race or ethnic origin of people admitted, in custody, and released and paroled, including, but not limited to, specified races and ethnic origins. Existing law requires the Department of Corrections and Rehabilitation, based on that voluntary self-identification information, to prepare and publish monthly demographic data pertaining to the race or ethnic origin of people admitted, in custody, and released and paroled, disaggregated by the same race and ethnicity categories used by the department for the purpose of voluntary self-identification information. Existing law requires the data, except for personally identifying information, which existing law deems confidential, to be publicly available on the Department of Corrections and Rehabilitation's internet website via the Offender Data Points dashboard. This bill would include Jewish among those specified races and ethnic origins for self-identification. Existing law requires the Employment Development Department, in the administration of existing law relating to disability compensation, to collect demographic data for individuals who claim disability benefits or family temporary disability insurance benefits, including race and ethnicity data and sexual orientation and gender identity data, as prescribed. Existing law requires the Employment Development Department to develop and make available online a public-facing dashboard that publishes disaggregated demographic data pertaining to program participation by individuals and is updated on at least a quarterly basis. Existing law requires the Employment Development Department to implement these requirements by July 1, 2026. This bill would require the Employment Development Department to collect data on Jewish ancestry or ethnicity for these purposes in accordance with specified demographic data collection requirements for state agencies added by the bill. This bill would become operative on January 1, 2029. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Existing law permits a court, on its own motion or the motion of any party, to enter a prefiling order prohibiting a vexatious litigant from filing any new litigation in propria persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed. Existing law permits a presiding judge or a presiding justice to allow a vexatious litigant's filing only under specified circumstances and permits the presiding judge to condition the filing upon the furnishing of security. Existing law defines a vexatious litigant for these purposes to include, among other things, a person who, after being restrained by a domestic violence restraining order, and while that order is still in place, commenced, prosecuted, or maintained one or more litigations against a person protected by the restraining order. Existing law authorizes a person protected by a restraining order issued after a hearing pursuant to the above-described provisions to file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if, while the restraining order is still in place, they commence, prosecute, or maintain litigation against the person protected by the restraining order in an action that is determined to be meritless and caused the person protected by the order to be harassed or intimidated. Existing law authorizes a court to issue, after notice and a hearing, orders enjoining a party from engaging in specified behavior, including contacting, attacking, or threatening another party. This bill would, in any litigation pending in any court of this state, create a process for a victim of domestic violence, as defined, that is a party to the action to seek protection from abusive litigation by a person who abused them by requesting a prefiling order at any time until final judgment is entered in the litigation. The bill would require a court to grant a request for a prefiling order if the victim demonstrates, after notice and a hearing and by a preponderance of the evidence, that the party against whom the order is sought is a perpetrator, as defined, and that the litigation filed or the discovery requested by the perpetrator was frivolous or abusive. The bill would require a person subject to a prefiling order to obtain permission from the court to file any litigation or conduct discovery against the victim, as specified. The bill would also establish a process by which a party subject to a prefiling order may apply to have the order vacated. If a party subject to a prefiling order violates that order, the bill would make them subject to sanctions, attorney's fees, and costs, as specified. The bill would enumerate a number of rights of victims of domestic violence that may be enforced, but which do not create a cause of action against the state or local government entities. This bill would provide that the victim would not be charged filing fees for any filings related to seeking a prefiling order and that any party may file documents electronically without charge and that any party, attorney, support person, or witness may appear remotely in these hearings without charge. This bill would require the clerk of the court to provide the Judicial Council with a copy of any prefiling orders issued. The bill would require the Judicial Council to maintain records of all prefiling orders issued and, on or before January 1, 2028, to create and modify court forms to implement the bill, as specified.
Existing law requires the State Department of Social Services to establish the California Child and Family Service Review System in order to review all county child welfare systems, including child protective services, foster care, adoption, family preservation, family support, and independent living. Existing law requires the review system outcome indicators to be consistent with the federal child and family service review measures and standards for child and family outcomes and system factors, as specified. This bill would require the review system to include data measures related to utilization of programs for nonminor dependents that are designed to reduce poverty, and would require the department to conduct a comprehensive review of county performance on those measures, as specified.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan or health insurer to reimburse a complete claim or a portion thereof within 30 calendar days after receipt of the claim, or, if a claim or portion thereof does not meet the criteria for completeness, to notify the claimant no later than 30 calendar days after receipt that the claim or portion thereof is contested or denied. This bill would grant a claimant no less than 90 calendar days to submit a corrected claim after a health care service plan or health insurer denies a claim or portion thereof or sends a notice of overpayment for a claim based on a defect that may be remedied by submitting a corrected claim. The bill would prohibit a plan or insurer from denying a corrected claim on the grounds that the claim was not submitted within another applicable claim filing deadline. Under the bill, a dispute related to a corrected claim would be required to be eligible for submission to the plan's or insurer's fast, fair, and cost-effective dispute resolution mechanism. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, a person is guilty of sexual exploitation of a child if the person knowingly develops, duplicates, prints, or exchanges any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip that depicts a person under 18 years of age engaged in an act of sexual conduct, as defined. Existing law makes a violation of this section punishable as a misdemeanor or a felony, as specified. This bill would, except as specified, make a person guilty of a misdemeanor or a felony if the person knowingly does any of the above-described actions, or downloads, streams, or accesses through electronic or digital media the above-described sexual conduct, knowing that the matter depicts a person under 18 years of age engaged in an act of sexual conduct. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter, as defined, to make a report to a specified agency whenever the mandated reporter, in their professional capacity or within the scope of their employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. For the purposes of this act, existing law includes sexual exploitation, and defines sexual exploitation as, among other things, a person who depicts a child in, or who knowingly develops, duplicates, prints, downloads, streams, accesses through any electronic or digital media, or exchanges, a film, photograph, videotape, video recording, negative, or slide in which a child is engaged in an act of obscene sexual conduct, except as specified. This bill would broaden the above-described definition to include any digitally altered or artificial-intelligence-generated matter that depicts a person under 18 years of age engaged in an act of sexual conduct, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure of midwives by the Medical Board of California. Existing law requires specified boards, including the Medical Board of California, to request certain workforce data from their licensees, including midwives, for future workforce planning at least biennially or at the time of electronic license renewal, as applicable. Existing law establishes the Department of Health Care Access and Information, and requires the board to provide the individual licensee and registrant data it collects to the department, as specified. This bill would additionally require the board to request certain information from a licensed midwife related to their availability to serve as a clinical preceptor for student midwives enrolled in a midwifery education program, as specified. The bill would require the board to quarterly provide that information to the department for the purpose of statewide midwifery workforce planning, analysis, and public reporting. The bill would require the department to submit a report to the Legislature, on or before June 30, 2029, detailing the department's findings based on that information. The bill would require the board and department to maintain the confidentiality of information collected or provided, as specified. The bill would make these provisions inoperative on June 30, 2029, and would repeal them as of January 1, 2030. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would incorporate additional changes to Section 502 of the Business and Professions Code proposed by AB 1811 to be operative only if this bill and AB 1811 are enacted and this bill is enacted last.
(1) Existing law provides for the licensure and regulation of health facilities, clinics, home health agencies, and hospice agencies, as defined, by the State Department of Public Health. Existing law provides for the certification of nurse assistants and home health aides by the department. A violation of these provisions by a licensee is a crime. Existing law authorizes the department to deny an application for, initiate an action to suspend or revoke a certificate for, or deny a training and examination application for a nurse assistant or home health aide under specified circumstances. Existing law requires, with some exceptions, the department to deny a training and examination application and deny, suspend, or revoke a certificate if the applicant or certificate holder has been convicted of a violation of or attempted violation of one or more specified crimes. This bill would instead authorize the department to deny an application for, a certificate for, or a training and examination application for, a nurse assistant or home health aide for various reasons, including if an applicant has been convicted of a crime, as specified, within the preceding 7 years from the date of the application that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant or home health aide, regardless of whether the applicant was incarcerated for that crime, as specified, and if the applicant has been subjected to formal discipline by the department or a licensing board in or outside California within the preceding 7 years from the date of the application for professional misconduct that would have been cause for discipline, as specified, and that is directly and adversely related to the qualifications, functions, or duties of a certified nurse assistant or home health aide, as specified. The bill would authorize an applicant or certificate holder whose application to be a nurse assistant or home health aide was denied or certificate was suspended or revoked on the basis of a criminal conviction to, during a period of 2 years after the department receives the criminal record report, provide the department with evidence of good character and rehabilitation or provide the department with evidence that the criminal conviction is no longer grounds for denial, as specified. The bill would prescribe requirements for the department in requesting or acting on a nursing assistant or home health aide applicant's criminal history information, including if the department decides to deny a training and examination application or certificate. The bill would authorize the department to initiate an action to suspend or revoke a certificate for professional misconduct warranting cause for discipline, as specified. Upon a determination to revoke or suspend a certificate, the bill would prescribe the requirements for the department to notify the certificate holder in writing by certified mail, including providing information about the procedure for the certificate holder to challenge the determination or request reconsideration. By expanding the scope of a crime, this bill would impose a state-mandated local program. (2) Existing law governs the certification of a certified nurse assistant in a licensed skilled nursing or intermediate care facility. Existing law requires renewal of that certification to be conditional upon specified occurrences, including that the certificate holder submitted documentation of completion of 48 hours of in-service training every 2 years, as specified. Existing law requires at least 12 of the 48 hours of in-service training to be completed in each of the 2 years. Existing law requires that 24 of the 48 hours may be obtained through a specified online computer training program. In order to renew an unexpired certificate, existing law requires the certificate holder to, on or before the expiration date, apply for renewal on a form provided by the department and to submit documentation of the required in-service training. Existing law authorizes an expired certificate to be renewed at any time within 2 years of its expiration on the filing of an application for renewal on a form provided by the department and documentation of the required in-service education. This bill would additionally authorize the certificate holder to submit documentation of 48 hours of continuing education every 2 years. The bill would require at least 12 of the 48 hours of continuous education or in-service training to be completed in each of the 2 years. The bill would authorize the 48 continuing education or in-service hours to be obtained through in-person instructions, synchronous online instruction, asynchronous online instruction, or other distance learning formats approved by the department. This bill would require, to renew an unexpired certificate, or authorize, to renew an expired certificate within 2 years after expiration, the certificate holder to submit documentation of the continuing education or in-service training. (3) 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. CEQA defines various terms, including "natural and protected lands" for its purposes. This bill would revise the definition of that term to include habitats for protected species identified as candidate, sensitive, or species of special status by state or federal agencies. CEQA exempts from its requirement projects that consist exclusively of a day care center that is not located in a residential area and projects that consist exclusively of an advanced manufacturing facility located on a site zoned exclusively for industrial uses. This bill would additionally exempt projects consisting exclusively of a family day care home, as defined. The bill would, for the exemption for the day care center and family day care home, instead require the projects for those facilities not be located in an area zoned for industrial use or within 3,200 feet of a facility that actively extracts or refines oil or natural gas in order for the exemption to apply. The bill would revise the exemption for advanced manufacturing facility projects to require those projects to be used exclusively for final tier manufacturing, as defined. The bill would require an applicant of an advanced manufacturing project that is exempted from CEQA under the bill's requirement to enter into a bona fide community benefits agreement, as provided, and to comply with certain labor requirements, as provided. The bill would require the lead agency, before determining that an advanced manufacturing project is exempt from CEQA, to hold at least one public hearing on the project and to ensure that the applicant complies with the requirement to enter into a bona fide community benefits agreement and the labor requirements. CEQA exempts from its requirements a rezoning that implements the schedule of actions contained in an approved housing element. CEQA specifies that this exemption does not apply to a rezoning that would allow for the construction of certain facilities, including oil and gas infrastructure. CEQA also specifies that this exemption does not apply rezoning that would allow for construction to occur within the boundaries of any natural and protected lands, except as provided. This bill would repeal the exception from the CEQA exemption for rezoning that would allow for oil and gas infrastructure. The bill would specify that the definition of "natural and protected land" does not include habitats for protected species that would be added to that definition by this bill for purposes the exception for rezoning that would allow for construction to occur within the boundaries of any natural and protected lands to the CEQA exemption. CEQA specifies, for a proposed housing development project that would otherwise be exempt from its requirements but for a single condition required for the exemption to apply, that the application of CEQA is limited to the effects upon the environment that are caused by that single condition. CEQA provides that this limited application of CEQA does not apply if the proposed housing project is located on natural and protected land, but does not include "natural and protected land" that is a site within a very high fire hazard severity zone or within the state responsibility area, except as provided. This bill would additionally specify that "natural and protected land" does not include habitats for protected species that would be added to that definition by this bill. Because the bill would imposes additional duties on a lead agency, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes in the Natural Resources Agency the Department of Forestry and Fire Protection, which is known as and may be referred to as CAL-FIRE. Existing law establishes in CAL-FIRE the Office of the State Fire Marshal and requires that office to establish the Community Wildfire Mitigation Assistance Program to coordinate regional and local efforts with state policies, strategies, and programs for community wildfire mitigation in order to improve wildfire preparedness and prevention, with an emphasis on the most vulnerable communities. This bill would require that, notwithstanding any other law, any state-level environmental and resource permits, approvals, consultations, and reviews required for a covered wildfire mitigation project, as defined, be consolidated into a single coordinated review by a project review team, as defined, and administered jointly by the consolidated review agencies, defined as the Natural Resources Agency in coordination with the California Environmental Protection Agency. The bill would require an applicant seeking authorization to undertake a covered wildfire mitigation project to submit a single, consolidated application package to the consolidated review agencies. The bill would require a decision to be rendered by the consolidated review agencies within 60 calendar days of the consolidated review agencies deeming an application is complete, as provided, and would authorize the applicant and the consolidated review agencies to agree to extend the 60-day timeline if both parties agree to the extension. The bill would require the approvals to be in writing and to include specified information, including, among other things, a description of the project and a list of permits, agreements, consultations, or approvals waived by the review agencies' authorization. This bill would further provide for an expedited authorization, as defined, issued pursuant to these requirements, which would waive the requirement that the covered wildfire mitigation project comply with statutes, rules, regulations, and requirements, within the jurisdiction of boards, departments, commissions, offices, and agencies within the consolidated review agencies, except as provided. The expedited authorization would replace any other permit, agreement, or authorization required by state statutes, rules, regulations, and requirements that falls within the jurisdiction of boards, departments, commissions, offices, and agencies within the consolidated review agencies. The bill would require covered wildfire mitigation projects to be conducted in compliance with specified requirements and would impose a civil penalty not to exceed $10,000 for each intentional, knowing, or negligent violation, as provided. The bill would require covered wildfire mitigation projects to be limited in project size based on the type of project, as specified, and completed within 5 years, for prescribed fire projects, or 2 years, for all other projects, of approval by the consolidated review agencies. The bill would further require CAL-FIRE to provide a cost-benefit analysis to estimate a project's return on investment for risk reduction or an explanation of why an estimate could not be assigned for each department state-funded grant project. This bill would specify that the authority to issuance expedited authorizations becomes inoperative on January 1, 2029. This bill would provide that the above-described provisions do not preclude compliance with applicable local and federal statutes, rules, and regulations. This bill would also require, on or before July 1, 2028, the consolidated review agencies to report to the Legislature on, among other required things, the implementation of all wildfire mitigation projects that were permitted pursuant to the above-described provisions, as provided. This bill would repeal the above provisions on January 1, 2034. 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 (EIR) 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. CEQA authorizes the Secretary of the Natural Resources Agency to certify a regulatory program that meets specified requirements as a certified regulatory program. For actions taken under a certified regulatory program, CEQA exempts those actions from certain of its provisions. Existing law authorizes the Director of the Department of Forestry and Fire Protection to enter into an agreement for prescribed burning or other hazardous fuel reduction with any person to conduct prescribed burning operations and joint prescribed burning operations that serve the public interest and are beneficial to the state. Existing law requires, to the extent feasible, that the State Board of Forestry and Fire Protection's Vegetation Treatment Program Programmatic Environmental Impact Report serve as the programmatic environmental document for prescribed fires initiated by a third party for a public purpose, as provided. This bill would require the board to develop the Nontimber Vegetation Management Program for nontimber vegetation management activities that are not subject to specified forest practice rules for permitting of activities on local, nonfederal, private, and state-owned lands. The bill would authorize an eligible entity proposing to conduct those vegetation management activities to seek authorization under the program. The bill would require the board, on or before July 1, 2028, to adopt emergency regulations for the program, as provided, that qualifies for certification by the Secretary of the Natural Resources Agency as a certified regulatory program under CEQA and would require the board to submit those emergency regulations to the secretary for review and certification. The bill would require the board, in developing the emergency regulations to conduct no fewer than 3 public meetings to receive public comments with one of those meetings occurring in southern California. The bill would require the board, following the adoption of the emergency regulations to adopt permanent regulations in compliance with the Administrative Procedure Act before July 1, 2030. The bill would repeal these provisions on January 1, 2035.
Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power. Existing law classifies electric bicycles into 3 classes with different restrictions for various purposes, and requires, among other things, a class 3 electric bicycle to be equipped with a speedometer. Existing law prohibits certain vehicles that do not meet the definition of an electric bicycle from being advertised, sold, offered for sale, or labeled as an electric bicycle, as specified. A violation of the Vehicle Code is a crime. This bill would amend the type of vehicles that are prohibited from being advertised, sold, offered for sale, or labeled as electric bicycles, including, among others, motor-driven cycles and mopeds. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law defines a motor-driven cycle as any motorcycle with a motor that displaces less than 150 cubic centimeters. This bill would revise the definition of motor-driven cycle to mean any motorcycle propelled by an internal combustion engine that displaces less than 150 cubic centimeters, or by an electric motor that produces 5 gross brake horsepower (3,750 watts) or less, and is designed for highway use, complies with all applicable federal motor safety standards, has a 17-digit vehicle identification number and a safety certification label, and meets all of the equipment requirements of the Vehicle Code. Existing law defines a motorized bicycle or moped as a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. This bill would delete references to motorized bicycle in the Vehicle Code and replace the term with "moped." The bill would revise the definition of a moped to mean a two-wheeled or three-wheeled device that has an electric motor or an internal combustion engine that produces less than 4 gross brake horsepower (3,000 watts) , is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground, is designed for highway use, complies with all applicable federal motor safety standards, has a 17-digit vehicle identification number and a safety certification label, and meets all of the equipment requirements of the Vehicle Code. The bill would specify that a moped may be equipped with operable pedals for propulsion by human power. Existing law requires every manufacturer of a motorized bicycle or moped to provide a specified disclosure to buyers. This bill would instead require every manufacturer, importer, or seller of a motor-driven cycle, moped, or off-highway electric motorcycle that is powered by an electric motor to provide a specified disclosure to all potential buyers in any advertising, including any online advertising on internet websites or social media. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law requires manufacturers and distributors of electric bicycles to apply a label that is permanently affixed, in a prominent location, to each electric bicycle. Existing law requires the label to contain the classification number, top assisted speed, and motor wattage of the electric bicycle, as specified. For electric bicycles, this bill would additionally require the inclusion of the brand name of the electric bicycle and the manufacturer, importer, or distributor. This bill would require manufacturers and distributors of mopeds and motor-driven cycles to affix a certification label, as specified, on or to the permanent member of the vehicle, as specified. The bill would make it unlawful for a person to sell an electric bicycle, moped, or motor-driven cycle in violation of the labeling and disclosure requirements mentioned above. By expanding the application of an existing crime, this bill would impose a state-mandated local program. This bill would prohibit a person from selling or installing an electric bicycle classification label unless the classification label is sold and installed in a physical retailer or bicycle repair shop. The bill would require a retailer and bicycle repair shop of electric bicycles to verify that the classification label matches the electric bicycle class before installing the classification label on an electric bicycle. By expanding the application of an existing crime, this bill would impose a state-mandated local program. This bill would require any incident report filed by a peace officer for an injury or crash involving an electric bicycle, moped, and motor-driven cycle to include specified information or to indicate that a marking or label was not available. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. Existing law prohibits a person from distributing, selling, or leasing a powered mobility device unless the battery for the powered mobility device has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2272. Existing law requires a charging system advertised, distributed, sold, or leased for use with a particular device, including a powered mobility device, to be certified for use with that device. For these purposes, existing law defines a "powered mobility device" as including, among other devices, a motorized bicycle or moped or an off-highway motorcycle. This bill would remove a motorized bicycle or moped or an off-highway electric motorcycle from the definition of a powered mobility device. The bill would prohibit the distribution, sale, or lease of a moped or off-highway electric motorcycle unless the battery complies with a certain safety standard. The bill would also require a charging system advertised, distributed, sold, or leased for use with a moped or off-highway electric motorcycle to comply with this standard. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law prohibits a person from renting a powered mobility device or its charging system unless the device or charging system has been tested for compliance with ANSI/CAN/UL 2272, as specified. This bill would prohibit a person from renting a moped or off-highway electric motorcycle or its charging system unless the battery for the moped or off-highway electric motorcycle or the charging system complies with a certain safety standard. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law defines an off-highway motor vehicle as a motor vehicle that operates on lands, other than a highway, that are open and accessible to the public, as specified. Existing law establishes rules for the operation of an off-highway vehicle. Existing law requires every off-highway motor vehicle that is not registered under the Vehicle Code to display an identification plate or device issued by the Department of Motor Vehicles, except as specified. This bill would specify that mopeds are subject to identification as off-highway motor vehicles. The bill would also prohibit the use, allowing to use, or operation of an off-highway electric motorcycle, motorcycle, motor-driven cycle, or moped powered by an electric motor on any forest-covered land, brush-covered land, or grass-covered land unless the vehicle complies with standards for mopeds and off-highway electric motorcycles, as specified. By creating new crimes related to the operation of off-highway vehicles, this bill would impose a state-mandated local program. Existing law requires a manufacturer, importer, distributor, or retailer of an electric bicycle, powered mobility device, charging system, or storage battery subject to certain testing to provide, upon request, a true and accurate copy of the test report for the product issued by the accredited testing laboratory. This bill would require a manufacturer, importer, distributor, or retailer of a moped, off-highway electric motorcycle, charging system, or storage battery used on a moped or off-highway electric motorcycle to retain documentation and information supporting compliance with any standard required, as specified. By expanding the application of an existing crime, this bill would impose a state-mandated local program. Existing law authorizes a peace officer to remove a vehicle that (1) has fewer than 4 wheels, but that does not meet the definition of an electric bicycle, if that vehicle is powered by an electric motor capable of exclusively propelling the vehicle in excess of 20 miles per hour on a highway and is being operated by an operator without a current license to operate the vehicle, or (2) is a class 3 electric bicycle being operated by a person under 16 years of age. This bill would additionally prohibit a person from operating a 2-wheeled or 3-wheeled device powered by an electric motor that is capable of propelling the device at a speed greater than 20 miles per hour on level ground on a highway or public right-of-way when powered solely by the motor unless the device meets the definition of a device that is explicitly defined in, and authorized for use on a highway or public right-of-way by, the Vehicle Code. The bill would authorize a peace officer to remove the vehicle if the vehicle is a 2-wheeled or 3-wheeled unauthorized device being operated by a person on a highway or public right-of-way. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. This bill would make other clarifying and conforming changes. This bill would incorporate additional changes to Section 4442 of the Public Resources Code proposed by AB 2075 to be operative only if this bill and AB 2075 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12804.9 of the Vehicle Code proposed by AB 1913 to be operative only if this bill and AB 1913 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. This bill would make certain provisions described above operative only if AB 2346 is enacted.
Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified persons, including a person with whom the respondent resides, family members, and first responders, among others, to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. This bill would authorize a first responder to contact the county behavioral health agency in the county in which the individual resides or is found to request the agency file a petition to commence the CARE process. The bill would require the agency to review the request and determine whether to file a petition within 30 business days. The bill would require the agency, upon completion of the review, to notify the first responder that made the referral of specified information, including whether or not a petition was filed. Because the bill would require a higher level of service from county agencies, this bill would create a state-mandated local program. This bill would require the department to create a referral form to be used by the first responders and would require the department to issue guidance on the procedure to request that the agency file a petition to commence the CARE process. The bill would also require the agency to include specified data in their annual report to the department. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Proprietary Security Services Act, prohibits a person from engaging in the business of a proprietary private security officer or a proprietary private security employer unless registered with the Department of Consumer Affairs. Existing law makes a violation of these provisions an infraction, as specified. Existing law requires a person who is registered and hired as a proprietary private security officer to complete training in security officer skills within 6 months from the date upon which registration is issued, or within 6 months of their employment with a proprietary private security employer, as specified. Existing law prohibits a proprietary private security employer from engaging in specified acts and authorizes the Director of Consumer Affairs to issue a citation, which may include an order to pay specified administrative fines for a violation of these provisions. This bill, commencing January 1, 2029, would recast those training provisions to require the training to be 42 hours, to require an applicant for a proprietary private security officer registration to complete, within the first 6 months of their employment date, a course in the exercise of the power to arrest and the appropriate use of force as a condition of issuance of the registration, and to require that the training be conducted through traditional classroom instruction, as defined. The bill would require 2 hours of training to be dedicated to training employees on specified workers' rights contained in a notice employers are required to provide employees, as specified. The bill would require the Bureau of Security and Investigative Services to administer certain provisions governing the approval of training providers, and would create a certificate authorizing a labor organization that represents security guards of a proprietary private security employer to provide the 2-hour training, as specified. The bill would also require a registered proprietary private security employee annually to complete a minimum of 12 hours of security officer skills training, with at least 4 hours of training dedicated to practicing deescalation skills, as specified, and that the time spent attending the annual training be compensated by the employer. The bill would require the bureau to determine the criteria to evaluate whether the deescalation trainings conform to the required principles and methods, as specified. This bill, commencing January 1, 2029, would increase the administrative fine that the director may impose upon a proprietary private security employer for failure to properly maintain accurate and current employment and training records or failure to administer to registered employees of the licensee the review or practice training, as specified, from $500 to $1,000, and would specify that the fine is for each violation. The bill would require a private security employer to ensure that the security skills training occurs and to compensate employees for training, as specified. The bill would authorize the director to impose an administrative fine for a violation of these provisions not exceeding $5,000 per violation and $2,500 per violation, respectively. Existing law requires a person registered as a proprietary private security employer to deliver to the director a written report describing the circumstances surrounding any physical altercation by a registered proprietary private security officer with a member of the public while on duty and while acting within the course and scope of their employment within 7 business days after the qualifying incident. The report is required only for certain physical altercations, including those resulting in a member of the public requiring first aid or other medical attention. This bill, commencing January 1, 2029, would expand the circumstances requiring a report to include those in which the physical altercation resulted in a security officer requiring first aid or other medical attention. The bill would expand the information required in the report to include the apparent race and gender of the member of the public and whether the security officer involved had received all required training at the time of the incident. The bill would require the bureau to release a report annually with respect to these reports describing the circumstances surrounding the physical altercations with members of the public containing specified information. Existing law, the Private Security Services Act, requires the director to administer its provisions. Existing law prohibits a person licensed as a private patrol operator from engaging in specified acts. Existing law requires a person registered as a security guard or patrolperson, and their employer, to deliver to the director a written report fully describing the circumstances surrounding any discharge of any firearm or physical altercation with a member of the public in which they were involved while acting within the course and scope of their employment within 7 days after the incident, as specified. Existing law makes any person who violates any of these provisions relating to private patrol operator licensure guilty of a misdemeanor. This bill, commencing January 1, 2029, would require the firearm discharge or altercation report to include the apparent race and gender of the member of the public and whether the security officer involved had received all required training at the time of the incident. The bill would also require the altercation report to specify whether a security officer required first aid or other medical attention. Because the bill would change the definition of a crime, it would impose a state-mandated local program. The bill would require the Bureau of Security and Investigative Services to release a report annually with respect to these reports describing the circumstances surrounding the discharge of any firearm, or physical altercation with a member of the public containing specified information. Existing law requires persons licensed under these provisions and persons who are employed and compensated by a licensee as a security guard or patrolperson, and who in the course of that employment or business carries a firearm, to undergo specified training in the exercise of the power to arrest and the appropriate use of force and a course of training in the carrying and use of firearms. This bill, commencing January 1, 2029, would require the department to develop and establish a standard course and curriculum that includes a minimum number of hours of instruction for training individuals on the role of implicit and explicit bias on racial profiling and the use of firearms in various settings. Existing law requires each applicant for a security guard registration to complete a course in the exercise of the power to arrest and the appropriate use of force as a condition for the issuance of the registration. Existing law requires a security guard registrant to, as specified, complete 32 hours of training in security officer skills within 6 months from the date of an initial registration, 16 of which are required to be completed within 30 days from the date that the registration is issued. This bill, commencing January 1, 2029, would recast these training provisions, increase the required hours of security guard training to 42, and require that the training be conducted through traditional in-person classroom instruction, as defined. The bill would increase the requirement that a registrant annually complete 8 hours of review or practice of security officer skills to 12 hours, require that 4 of those hours be dedicated to deescalation skills, as specified, and make other conforming changes. The bill would require 2 hours of training to be dedicated to training employees on specified workers' rights contained in a notice employers are required to provide employees, as specified. The bill would require the bureau to administer certain provisions governing the approval of training providers, and would create a certificate authorizing a labor organization that represents security guards of a proprietary private security employer to provide the 2-hour training, as specified. The bill would require a person licensed as a private patrol operator to ensure that security skills training occurs and to compensate employees for this training. The bill would require the bureau to determine the criteria to evaluate whether the deescalation trainings conform to the required principles and methods, as specified. This bill, commencing January 1, 2029, would revise provisions that describe those entities that are qualified to administer, test, and certify the course of training in the exercise of the power to arrest and the appropriate use of force. This bill, commencing January 1, 2029, would require the Bureau of Security and Investigative Services to annually solicit feedback from representatives from the security industry, as specified, regarding possible changes to a rule or regulation relating to the provisions described above for private patrol operators. Existing law authorizes the director to issue a citation to a licensee or registrant for violation of specified provisions which may contain an assessment of an administrative fine not exceeding $2,500. This bill would increase the amount of the administrative fine that may be assessed by the director to $10,000 per violation. Existing law authorizes the director to impose fines on licensed private patrol operators in the amount of $500 for each violation relating to a failure to properly maintain employment records or proof of completion of required training, as specified. Existing law also authorizes the director to impose fines on licensed private patrol operators in the amount of $250 for each violation relating to a failure to administer required security skills training, as specified. This bill, commencing January 1, 2029, would increase these fine amounts to $1,000 for each violation. Existing law authorizes the director to impose fines on licensed private patrol operators in the amount of $5,000 for each violation relating to a failure to deliver to the director a report describing the circumstances surrounding the discharge of any firearm or physical altercation with a member of the public while on duty, as specified. This bill, commencing January 1, 2029, would reduce the fine for violating these provisions to $2,500 per violation. This bill would declare the severability of its provisions. This bill would incorporate additional changes to Sections 7574.18 and 7583.6 of the Business and Professions Code proposed by SB 1148 to be operative only if this bill and SB 1148 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.