AB 173 is a procedural bill expressing the Legislature's intent to enact statutory changes related to the 2025 Budget Act. It does not specify the actual policy changes or affected parties, as its abstract only states the Legislature's intention to make such changes later. The bill itself does not alter budget processes or funding. This summary is based solely on the provided abstract, which lacks details about the proposed statutory changes.
Existing law prohibits a person from filing or recording, or directing another to file or record, a lawsuit, lien, or other encumbrance against any person or entity, knowing that it is false, with the intent to harass the person or entity or to influence or hinder the person in discharging their official duties if the person is a public officer or employee. Existing law also provides that a person who files a lawsuit, lien, or other encumbrance against any person or entity in violation of this prohibition is liable for a civil penalty not to exceed $5,000. This bill would instead provide that a person who files a lawsuit, lien, or other encumbrance against a person or entity in violation of the above-described prohibition is liable for a civil penalty not to exceed $15,000. The bill would also define "lien," for purposes of the above-described prohibition, to include a financing statement. The bill would prohibit a person from filing, or directing another to file, a financing statement for which no reasonable basis or legal cause exists. The bill would make related, conforming changes to these provisions. The Uniform Commercial Code-Secured Transactions governs security interests in collateral, including personal property and fixtures, as well as certain sales of accounts, contract rights, and chattel paper. That code, among other things, specifies requirements and procedures regarding perfecting a security interest, including the filing of a financing statement with the Secretary of State or the county recorder, based on the property type. Existing law specifies that a financing statement is sufficient if it provides, among other things, the name of the debtor. If it is established that a secured party is not proceeding in accordance with the code, existing law authorizes a court to restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. This bill would require the Secretary of State to notify the debtor named in the financing statement within 21 days after the financing statement is filed. The bill would additionally require any court fees incurred by a debtor to be paid at the end of the judicial proceeding, as specified. The bill would also make any party deemed to have violated above-described provision regarding lawsuits, liens, or other encumbrances liable to the debtor for three times all of the court fees paid. This bill would authorize a person identified as a debtor in a financing statement or a person who reasonably appears to be the person intended to be identified as a debtor in a financing statement that was not permitted to be filed, as prescribed, to file an affidavit, under penalty of perjury, attesting as such with the filing office in which the statement was filed. The bill would require the Secretary of State to make available a form affidavit for use. The bill would require the filing office, following acceptance of a properly signed affidavit, to hold the affidavit in abeyance for a 30-day period. The bill would require the filing office, upon expiration of that 30-day period, if no court order enjoining the filing has been received, to file a termination statement with respect to the financing statement identified in the affidavit, in accordance with certain legal procedures and timelines. The bill would authorize a secured party of record, identified in a financing statement for which an affidavit has been accepted, to petition the court to enjoin the filing office from filing the termination statement and for the court to determine whether the financing statement is valid and should be reinstated, as specified. The bill would authorize a court to award costs, reasonable attorney's fees, and, upon determining an affidavit was filed in bad faith, a $5,000 civil penalty. By expanding the crime of perjury and imposing new duties on county recorders, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. The act requires the department to initiate a program for the cleanup of solid waste disposal sites and for cleanup of solid waste at codisposal sites where no responsible party is available to pay for timely remediation, and where cleanup is needed to protect public health and safety or the environment. This bill would authorize the department, upon appropriation by the Legislature, to develop regulations and expend funds to remove and dispose of recreational vehicles, as defined, to develop enforcement strategies, and to develop local enforcement teams and illegal dumping enforcement officers, as specified.
The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, approved by the voters as Proposition 4 at the November 5, 2024, statewide general election, authorized the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity protection and nature-based climate solutions, climate-smart, sustainable, and resilient farms, ranches, and working lands, park creation and outdoor access, and clean air programs. Of these funds, the act makes $300,000,000 available, upon appropriation by the Legislature, for improving climate resilience and sustainability of agricultural lands, including, among other things, by making $15,000,000 available, upon appropriation by the Legislature, to the State Department of Education, in consultation with the Department of Food and Agriculture, for purposes of providing grants to public postsecondary educational institutions that are designated as Agricultural Experiment Stations or Agricultural Research Institutes, to develop research farms to improve climate resiliency, as specified. Existing law authorizes a state agency to furnish services, materials, or equipment to, or perform work for, any other state agency upon terms and conditions and for the consideration as they may determine, and to enter into agreements for that purpose, subject to approval of the Director of General Services. Existing law requires a state agency that furnishes the services, materials, or equipment to, or performs the work for, the other state agency to compute charges in a manner approved by the Director of Finance. Existing law authorizes a state agency to provide for the advancing of funds, as provided, to defray those charges. This bill would authorize the State Department of Education to advance a payment for a contract or agreement made with the Department of Food and Agriculture pursuant to the research farm provisions of Proposition 4, described above, in the 2026–27 and 2027–28 fiscal years. The bill would exempt those contracts and agreements from the above-described requirement of approval by the Director of General Services. The bill would provide, for purposes of those contracts and agreements, that developing a research farm pursuant to the research farm provisions of Proposition 4 includes constructing a new research farm and maintaining, altering, or improving an existing research farm previously constructed by the Agricultural Experiment Station or the Agricultural Research Institute. This bill would provide, for purposes of the research farm grants, that Agricultural Experiment Stations and Agricultural Research Institutes are designated by the University of California and the California State University.
AB 133 is an intent bill that signals the Legislature's intention to enact statutory changes related to the Budget Act of 2025. It serves as a placeholder to begin the legislative process for establishing the state's annual budget.
The California Constitution authorizes the Legislature to exempt from taxation, in whole or in part, property that is used exclusively for religious, hospital, or charitable purposes, and is owned or held in trust by a nonprofit entity. Pursuant to that authority, existing law provides for a welfare exemption under which property used exclusively for an exempt purpose and owned and operated by specified entities, including foundations, limited liability companies, or corporations meeting certain statutory requirements is exempt from taxation. This bill would specify that for the purposes of the welfare exemption provisions above, "property used exclusively for religious, hospital, scientific, or charitable purposes" shall not include property, or any portion thereof, operated as a detention facility, as defined. The bill would declare that the above provision is declarative of, and not a change in, existing law.
Existing law prohibits a person, other than a provider of electronic or wire communication service for specified purposes, from installing or using a pen register or a trap and trace device, as those terms are defined, without first obtaining a court order. Existing law authorizes a person who has been injured by a violation of that prohibition to bring an action against the person who committed the violation to enjoin and restrain the violation, as well as to bring an action for monetary damages, as specified. This bill would instead authorize only the Attorney General to bring that action for a violation of the above-described provision if the action is alleged to arise from conduct occurring on an internet website, online application, or mobile application. The bill would provide that this limitation applies retroactively to any pending claim in an action commenced within 2 years before the operative date of the bill. The bill would declare the severability of its provisions.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Existing law authorizes a county behavioral health director to develop procedures for the county's designation and training of professionals who will be designated to perform the above-described provisions. This bill would instead require a county behavioral health director to establish and implement procedures governing the county's designation and training of professionals who will be designated to perform the above-described provisions. By imposing additional duties on county behavioral health directors, the bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides for the establishment of air pollution control districts and air quality management districts and prescribes the membership of the governing boards of air pollution control districts and air quality management districts. Those governing boards comprise combinations of mayors, city council members, and county supervisors, selected as prescribed, except for the governing board of the San Diego County Air Pollution Control District, which has a differently prescribed membership and certain specified duties. This bill would, as of July 1, 2027, prescribe the membership of the governing board of the Imperial County Air Pollution Control District (air district) and prescribe many of those same duties as are required for the San Diego County Air Pollution Control District. In particular, the bill would require the air district to appoint a specified liaison to consult with the United States Navy and the United States Marine Corps, as specified, and create and maintain an internet website providing access to specified information, including, among other information, the agendas and minutes of the governing board of the air district and all current and pending permit information and settled enforcement actions. The bill would require the district, in establishing the internet website, to establish a process for permitholders that have sensitive operations to request that physical identifying information be redacted from the publicly posted information. The bill would require that air monitoring data be made available to the public on the internet website within a reasonable period of time, as specified, and would require the governing board of the district to establish an air monitoring data program, as provided. The bill would require the air district, by January 1, 2029, to post all applications for an authority to construct or permit to operate. By requiring local governments to appoint members to the air district governing board in a specified manner and by adding to the duties of the air district, this bill would impose a state-mandated local program. This bill would specify the continuing funding sources for the air district. This bill would make certain provisions inoperative on July 1, 2027, and would repeal these provisions as of January 1, 2028. This bill would make legislative findings and declarations as to the necessity of a special statute for the Imperial County Air Pollution Control District. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. 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, with regard to certain mandates, no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the State Department of Public Health to license and regulate clinics, as defined. A violation of these provisions is a crime. Existing law requires any person, firm, association, partnership, or corporation desiring a license for a clinic to file with the department a verified application containing, among other things, the name and address of the clinic and the class of clinic to be operated. Existing law authorizes a clinic corporation, on behalf of a primary care clinic that has held a valid, unrevoked, and unsuspended license for at least the immediately preceding 5 years, with no demonstrated history of repeated or uncorrected violations of specified provisions that pose immediate jeopardy to a patient, and that has no pending action to suspend or revoke its license, to file an affiliate clinic application to establish a primary care clinic at an additional site or a mobile health care unit, which are referred to as affiliate clinics. Existing law requires the department, upon receipt of the completed affiliate clinic application, to approve the license for the affiliate clinic, without the necessity of first conducting an initial onsite survey if specified conditions are met, including, among other things, the clinic corporation that operates the existing licensed primary care clinic has submitted a completed affiliate clinic application and the associated application fee. Existing law refers to the existing licensed primary care clinic as the parent clinic. Existing law requires the department to issue a clinic license within 30 days of receipt of a completed affiliate clinic application. This bill would authorize a clinic corporation on behalf of at least one primary care clinic to file an affiliate clinic application pursuant to the above-described provisions for any of its primary care clinic locations to establish a new affiliate clinic. The bill would additionally require the affiliate clinic application to be signed by an officer of the clinic corporation's board of directors or the clinic corporation's chief executive officer or executive director. The bill would require the department to approve a license for the affiliate clinic if the conditions described above are met and the parent clinic is not itself an affiliate clinic. This bill would authorize a primary care clinic that has held a valid, unrevoked, and unsuspended license for at least the immediately preceding five years, with no demonstrated history of repeated or uncorrected violations of specified provisions that pose immediate jeopardy to a patient, and that has no pending action to suspend or revoke its license, to apply to the department for a change of location using the affiliate clinic application mentioned above. The bill would authorize the department to approve the application and issue an updated license, consistent with the timeline mentioned above, without the necessity of first conducting an onsite survey. Existing law requires the department to maintain a complete corporate file containing information about each clinic corporation operating one or more affiliate clinics, including, among other things, a copy of the clinic corporation's articles of incorporation and bylaws. Existing law prohibits a clinic corporation from being required to resubmit specified information as part of an affiliate clinic application, unless the information, materials, or documents are necessary to complete the corporate file. This bill would require a clinic corporation, before the closure of a parent clinic, to submit a request to the department to establish another primary care clinic as the parent clinic. The bill would prohibit the department from requiring the clinic corporation to resubmit specified information or materials unless there are any changes to the information in the corporate file maintained by the department. The bill would require the department to approve the request consistent with the timeline mentioned above provided the new parent clinic meets all of the requirements for a parent clinic, as mentioned above. This bill would require any changes to the information provided to the department for a clinic to be filed on forms established and furnished by the department. Because this bill would change the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information that is collected by a business, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. The California Privacy Rights Act of 2020, an initiative measure approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. Existing law, the Insurance Information and Privacy Protection Act, establishes privacy standards for the collection, use, and disclosure of information gathered in connection with insurance transactions by insurance institutions, agents, and insurance-support organizations. The Insurance Information and Privacy Protection Act imposes various monetary penalties for violations of the act and makes a person who knowingly and willfully obtains information about an individual from an insurance institution, agent, or insurance-support organization under false pretenses guilty of a misdemeanor. On and after July 1, 2028, this bill would revise the Insurance Information and Privacy Protection Act to establish new standards for the processing and sharing of consumers' personal information by insurance licensees, surplus line insurers, reinsurers, and third-party service providers. The bill would authorize processing or sharing of a consumer's personal information for specified purposes, including sharing in connection with an insurance transaction. The bill would require a licensee, surplus line insurer, reinsurer, or third-party service provider to provide a clear and conspicuous privacy notice presented as a stand-alone document that includes specified information to a consumer within a specified period of time, and would prohibit the sharing of a consumer's personal information unless it is reasonably necessary and proportionate to achieve specified purposes related to an insurance transaction or another purpose that is fully disclosed to the consumer and to which the consumer has consented. The bill would also require a licensee to provide a privacy rights notice, as specified, to each consumer with whom the licensee has an ongoing business relationship. The bill would require a licensee, surplus line insurer, reinsurer, or third-party service provider to obtain a consumer's consent to take specified actions, and would set forth the means by which consent is obtained. The bill would authorize a licensee, surplus line insurer, or reinsurer to retain personal information, as specified, and would require a licensee, surplus line insurer, or reinsurer to develop a written records retention policy and schedule. The bill would require a licensee, surplus line insurer, or reinsurer to provide specified information to a consumer if it makes an adverse underwriting decision, and would provide a process by which a consumer may access, correct, amend, or delete any personal information about the consumer in the possession of the licensee, surplus line insurer, reinsurer, or its third-party service providers. The bill would require a contract between a licensee, surplus line insurer, or reinsurer and a third-party service provider to govern the processing and sharing of personal information performed on behalf of the licensee, surplus line insurer, or reinsurer. The bill would prohibit retaliation against a consumer because the consumer exercised or attempted to exercise their rights under the act. The bill would prohibit public disclosure of specified systems, processes, policies, procedures, and plans that are disclosed to the Insurance Commissioner. The bill would also make technical and conforming changes. This bill would authorize a penalty of at least $5,000, not to exceed $1,000,000 in the aggregate for multiple violations of the act. The bill would increase the fine if a cease and desist order is violated to at least $15,000 for each violation, and would increase a fine to at least $50,000 for each violation if the commissioner finds the violations to be a general business practice. Under the bill, a person who knowingly and willfully obtains information about a consumer from a licensee, surplus line insurer, reinsurer, or third-party service provider under false pretenses would be guilty of a misdemeanor, punishable by a fine of up to $50,000, imprisonment in a county jail for up to 6 months, or both, thus expanding the applicability of a crime and imposing a state-mandated local program. 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 Sections 791.07, 791.11, and 791.12 of the Insurance Code proposed by AB 1798 to be operative only if this bill and AB 1798 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.
The State Aeronautics Act establishes the Aeronautics Account in the State Transportation Fund, and continuously appropriates the moneys in the account for expenditure for airport purposes by the Division of Aeronautics within the Department of Transportation and the California Transportation Commission. Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, including taxes imposed on the sale, storage, use, or other consumption of jet fuels. Existing law requires revenues from these taxes to be transmitted to the Treasurer and deposited into the Retail Sales Tax Fund. Existing federal law requires that any revenue from sales and use taxes imposed on aviation fuel be used for the operation costs of airports, the local airport system, or other local facilities that are directly and substantially related to the air transportation of passengers or property, except as provided. This bill would require the Controller, on or before September 1 of each year, to transfer an amount calculated to represent the sales and use tax revenues derived with respect to the sale, storage, use, or other consumption of jet fuel, as provided, from the Retail Sales Tax Fund to the account for allocation to airports and aviation-related purposes, as provided. The bill would require all public and private use airports where jet fuel is sold or consumed to report fuel flowage statistics to the Division of Aeronautics, as provided, and would require the division to determine the revenue allocation for each airport that reports fuel flowage statistics. By adding new reporting requirements for county-owned and city-owned airports, the bill would impose a state-mandated local program. From the above-described sales and use tax revenues deposited into the account, this bill would require the division, after deducting its administrative costs, as provided, to allocate 75% of those revenues to public and private use airports based on their reported fuel flowage statistics, as provided, 15% of those revenues for general aviation airports, as provided, 1% to award grants for aviation education, as provided, and 9% for existing grant programs that serve nonhub and small hub airports. From the above-described 75% of revenues deposited into the account, the bill would apportion, until January 1, 2032, $500,000 annually to award grants to rural, nonhub commercial airports and general aviation airports, as provided. By increasing the sources of funding for and expanding the purposes for which money may be used from a continuously appropriated fund, the Aeronautics Account, this bill would make an appropriation. 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.
