Existing law establishes the Santa Clara Valley Transportation Authority (VTA) in order to meet the public transit problems of the County of Santa Clara. Existing law authorizes the VTA to purchase or otherwise acquire property for transit-oriented joint development projects, as provided. This bill would authorize the VTA to similarly purchase or acquire property for an employee housing project, as defined, for VTA employees and members of the public, as specified. The bill would authorize the VTA to construct affordable rental housing for employees and affordable for-sale housing that promotes housing opportunities for VTA employees, as specified. The bill would require the VTA to submit an annual report to the Legislature on the use of the bill's provisions to develop housing, as specified. By requiring the VTA to submit a new report, 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, 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 court to, in every case where a person is convicted of a crime, order restitution to the victim or victims, as specified. Existing law creates and authorizes a number of diversion and deferred entry of judgment programs, which either defer entry of a plea of guilty by the defendant or postpone the proceedings of the case as long as the defendant participates in the program. Existing law requires the court to dismiss the plea or charges if the defendant has performed satisfactorily during the program. This bill would require the court to order restitution to the victims or victims when a defendant participates in a diversion program, provided that the defendant is informed of their right to have a judicial determination of the amount of restitution and is provided with a hearing, waives a hearing, or stipulates to the amount of restitution ordered. If the court finds restitution is owed pursuant to this provision, the bill would require the court to order payment of restitution during the period of diversion. The bill would prohibit a defendant's inability to pay restitution due to indigence or mental disorder from being grounds for denial of diversion or a finding that the defendant failed to comply with the terms of diversion. The bill would require an order for restitution to be suspended until the resolution of criminal proceedings if a defendant withdraws from diversion or fails to complete the terms of diversion.
Existing law provides for the licensing and regulation of health facilities by the State Department of Public Health and generally makes a violation of those provisions a crime. 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 generally makes a willful violation of the act a crime. Existing law requires a health facility to provide emergency services and care upon request for any condition in which the person is in danger of loss of life or serious injury or illness. Existing law requires a health care service plan to reimburse providers for emergency services and care. Existing law defines "emergency services and care" for these purposes to mean medical screening, examination, and evaluation by a physician and surgeon, or other appropriate licensed persons under the supervision of a physician and surgeon, to determine if an emergency medical condition or active labor exists and, if it does, the care, treatment, and surgery, if within the scope of that person's license, necessary to relieve or eliminate the emergency medical condition, within the capability of the facility, among other things. This bill would specify that the above-described provisions would not require physician supervision of a licensed nurse-midwife in the labor and delivery unit, obstetric triage, or dedicated emergency obstetric evaluation unit, when the nurse-midwife is providing care to the extent authorized by, and consistent with, specified licensing and certification provisions, or when the nurse-midwife is specifically requested by the treating physician and surgeon to provide obstetric consultation. By changing 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.
Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law authorizes the Attorney General to furnish state summary criminal history information and, if authorized, federal-level criminal history information, upon a showing of a compelling need, to specified entities, including, among others, peace officers of the United States, other states, or territories or possessions of the United States. Existing law makes it a crime for a person authorized to receive state summary criminal history information to knowingly furnish that information to a person who is not authorized to receive it. This bill would also authorize the Attorney General to furnish state summary criminal history information to peace officers of tribes in other states under the same conditions described above. The bill would require the Attorney General to furnish state summary criminal history information to a city attorney or county counsel pursuing, among other things, a red light abatement action, as provided. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, added by the Governor's Reorganization Plan No. 1 of 1991, creates the Department of Pesticide Regulation, which is administered by the Director of Pesticide Regulation. Existing law authorizes the director to, among other things, adopt regulations for the issuance and renewal of licenses and certificates for pest control operations. The California Public Records Act requires a public agency, defined to mean a state or local agency, to make its public records available for public inspection and to make copies available upon request and payment of a fee, unless the public records are exempt from disclosure. This bill would, in order to protect the privacy of individual applicants, licensees, and certificate holders, prohibit personal information, as defined, collected pursuant to these provisions from being considered a public record, as specified, and would exempt that personal information from the California Public Records Act, as specified. The bill would authorize the department to disclose an individual applicant, licensee, or certificate holder's address of record, unless the individual applicant, licensee, or certificate holder has designated the address of record as personal information. 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.
Proposition 11, which was approved by the voters at the November 4, 2008, statewide general election, establishes the Citizens Redistricting Commission and requires the commission to adjust the boundary lines of State Senate and Assembly districts. Proposition 11 also requires the Legislature to ensure that a complete and accurate computerized database is available for redistricting, and that the public is given access to redistricting data. Existing law requires each county elections official to compile and make available to the Legislature any information and statistics that may be necessary for use in connection with the reapportionment of legislative districts, including precinct maps and election returns for each precinct. This bill would provide that the information and data compiled by county elections officials may be provided to any appropriate designee of the Legislature. The bill would require each county elections official to also provide a master street index file that may be used to identify the associated precinct for a given street address in the county. The bill would require the Legislature or an appropriate designee, in conjunction with the Secretary of State, to establish a secure electronic process for county elections officials to submit the information and data. The bill would make the complete, unredacted election returns for each precinct confidential, as provided. By requiring county elections officials to perform additional duties, the bill would impose a state-mandated local program. Within 31 days of an election, upon completion of the official canvass, county elections officials are required to send a complete copy of the election results to the Secretary of State. This bill would require county elections officials to include with the results reported to the Secretary of State the complete, unredacted election returns for each election precinct reflecting the number of registered voters and the vote total for all ballots cast. The bill would require the Secretary of State, upon request, to provide those election returns to the Legislature for any county for which the Legislature has not received the election returns through the secure electronic process described above. 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. 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 Reproductive Privacy Act, declares as contrary to the public policy of this state a law of another state that authorizes a person to bring a civil action against a person or entity that engages in certain activities relating to obtaining or performing an abortion. Existing law prohibits the state from applying an out-of-state law to a case or controversy in state court or enforcing or satisfying a civil judgment under the out-of-state law. This bill would specify that the protections applicable to persons who engage in legally protected health care activity, as defined, apply to a person who previously has undertaken one or more acts or omissions while in another United States jurisdiction to aid or encourage, or attempt to aid or encourage, any person in the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive health care services or gender affirming health care services if the acts or omissions were permissible under the laws of the jurisdiction in which the person was located at the time of the acts or omissions. Existing law prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of legally protected health care activity, if the health care activity is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a legally protected health care activity that is lawful in this state. Under existing law, the Governor may surrender, on demand of executive authority of any other state, any person in this state charged in the other state, as specified, with committing an act in this state, or in a 3rd state, intentionally resulting in a crime in the state whose executive authority is making the demand. This bill would prohibit the Governor from recognizing a request for extradition of a person subject to criminal liability based on the alleged provision or receipt of, assistance in the provision or receipt of, material support for, or in any theory of vicarious, joint, several, or conspiracy liability for any legally protected health care activity, except 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's requirements a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plans and health insurers, as specified, within 6 months after the relevant department issues specified guidance, or no later than March 1, 2025, to require all of their staff who are in direct contact with enrollees or insureds in the delivery of care or enrollee or insured services to complete evidence-based cultural competency training for the purpose of providing trans-inclusive health care for individuals who identify as transgender, gender diverse, or intersex. This bill would prohibit a subscriber, enrollee, policyholder, or insured from being excluded from enrollment or participation in, being denied the benefits of, or being subjected to discrimination by, any health care service plan or health insurer licensed in this state, on the basis of race, color, national origin, age, disability, or sex. The bill would define discrimination on the basis of sex for those purposes to include, among other things, sex characteristics, including intersex traits, pregnancy, and gender identity. The bill would prohibit a health care service plan or health insurer from taking specified actions relating to providing access to health programs and activities, including, but not limited to, denying or limiting health care services to an individual based upon the individual's sex assigned at birth, gender identity, or gender otherwise recorded. The bill would prohibit a health care service plan or health insurer, in specified circumstances, from taking various actions, including, but not limited to, denying, canceling, limiting, or refusing to issue or renew health care service plan enrollment, health insurance coverage, or other health-related coverage, or denying or limiting coverage of a claim, or imposing additional cost sharing or other limitations or restrictions on coverage, on the basis of race, color, national origin, sex, age, disability, as specified. Because a violation of the bill's requirements 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.
Existing property tax law authorizes a county board of supervisors to create assessment appeals boards for the county to equalize the valuation of taxable property within the county for purposes of taxation. Existing property tax law requires an assessment appeals board to consist of 3 members or of 5 members acting as a 3-member panel, selected as specified. Existing law also sets forth minimum qualifications for a member of an assessment appeals board. This bill, commencing January 1, 2027, and until January 1, 2034, would authorize the county board of supervisors of a county containing a population of 500,000 or more to alternatively provide by ordinance that any property tax assessment appeals in the county may be heard and decided by a single-member appeals board, the single member of which would be known as an assessment appeals commissioner. The bill would set forth minimum qualifications for the commissioner, as specified. The bill would require the State Board of Equalization to adopt rules and guidelines necessary to ensure consistent hearing procedures, public access, and decisionmaking standards for these commissioners. The bill would prohibit a commissioner from hearing any new appeals after December 31, 2031, but would permit the commissioner to continue to hear and decide appeals received after January 1, 2027, but on or before December 31, 2031, following December 31, 2031. This bill would additionally require, if a county appoints commissioners to hear and decide assessment appeals, the county to provide a process by which the appellant may object to their appeal being heard and decided by an assessment appeals commissioner. The board would require the county, in the case that an appellant does not make that objection, to ensure the appeal is heard by a 3- or 5-member board. This bill would specify that, for purposes of implementing the bill's provisions with respect to other provisions relating to assessment appeals boards, a reference to an assessment appeals board also includes a single-member appeals board, as applicable, and a reference to member means a commissioner with respect to a single-member appeals board. The bill would make related findings and declarations.
(1) Existing federal law, the Indian Child Welfare Act (ICWA) , governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of the child's parent or guardian. Existing law states findings and declarations of the Legislature regarding Indian children, including that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with the ICWA, and it is in the interest of an Indian child that the child's membership or citizenship in the child's Indian tribe and connection to the tribal community be encouraged and protected, and requires the court to consider those findings in all Indian child custody proceedings. This bill would additionally state that the State of California is committed to protecting essential tribal relations by recognizing a tribe's right to protect the health, safety, and welfare of its citizens. (2) Existing provisions of state law govern guardianship and conservatorship proceedings. Existing law provides various definitions for these purposes, including "Indian child," as defined in the ICWA, and sets forth requirements for proceedings involving Indian children. Existing law requires, if the subject of a petition is or may be an Indian child, that the petition state that fact. This bill would define various terms consistent with provisions of the ICWA and for purposes of guardianship and conservator proceedings. The bill would also make conforming changes. This bill would require, if the subject of a petition is or may be an Indian child, that the petition include specified information, including the reasons to know or believe the child of the petition is or may be an Indian child and the efforts taken to prevent the need for the appointment of the guardian. This bill would specify that the court or a petitioner has a duty to inquire whether the child is or may be an Indian child prior to filing a petitioner for guardianship or conservatorship. The bill would require a court presiding over any guardianship or conservatorship proceeding that could result in placement of an Indian child with someone other than a parent or Indian custodian, to inquire at the first hearing on a petition whether the child is, or may be, an Indian child, as specified. This bill would require that, in an Indian child custody proceeding, a party seeking placement of an Indian child provide evidence to the court that active efforts, as defined, have been made to prevent the breakup of the Indian family and efforts have been unsuccessful. The bill would also require the initial and any subsequent placement of the child comply with specified placement preferences. To the extent this requirement would impose additional duties on county employees, this bill would impose a state-mandated local program. This bill would require the testimony of a qualified expert witness in an Indian child custody proceeding in specified circumstances, including testimony that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. This bill would specify notice requirements for proceedings involving Indian children, and set forth procedures for transfer of a case to jurisdiction of the child's tribe. This bill, in a proceeding involving a child who would otherwise be an Indian child, but is not, based on the child's Indian tribe not having federal recognition, would authorize the court to permit the tribe to participate in the proceeding upon request from the tribe. (3) Under existing law, in an Indian child custody proceeding, when it appears to the court that a parent or Indian custodian desires counsel but is unable to afford and hire counsel, the federal law and regulations authorizing the appointment of counsel applies, as specified. Federal law requires the appointment of counsel for the parent or Indian custodian in any removal, placement, or termination proceeding, in which the court determines the parent or Indian custodian is indigent. This bill would require the court to appoint counsel for the parent or Indian custodian when it appears to the court that a parent or Indian custodian in an Indian child custody proceeding cannot afford to hire counsel and desires to have counsel for the proceedings. (4) Existing law, if the petitioner or proposed guardian has knowledge of any pending adoption, juvenile court, marriage dissolution, domestic relations, custody, or other similar proceeding affecting the child who is the subject of the petition, requires the petition to disclose the pending proceeding. This bill would additionally require a petitioner or proposed guardian to disclose an investigation by a county welfare agency regarding the safety of the child in a petition. (5) 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.
Executive Order No. N-12-23 requires specified state agencies, in collaboration with other state agencies and their workforce, to draft a report to the Governor examining the most significant, potentially beneficial use cases for deployment of generative artificial intelligence (GenAI) tools by the state. The executive order requires the report to explain the potential risks to individuals, communities, and government and state government workers, and requires the report to be regularly assessed and updated in consultation with, among others, the state government workforce or organizations that represent state government employees, as specified. Chapter 928 of the Statutes of 2024, the Generative Artificial Intelligence Accountability Act, requires specified state agencies to update the report, as needed, to respond to significant developments and to consult with specified parties, including organizations that represent state exclusive employee representatives. The act also requires state agencies to consider procurement and enterprise use opportunities for GenAI to improve efficiency, effectiveness, accessibility, and equity of government operations, as specified. This bill would require certain state and local public employers to provide written notice to a recognized employee organization at least 45 days before taking an action to develop, purchase, or require the use of GenAI to perform a service that is within the scope of work of the job classification represented by the recognized employee organization.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services through various delivery systems, including fee-for-service and managed care. The Medi-Cal program is, in part, governed by, and funded pursuant to, federal Medicaid program provisions. Existing law establishes the California Program of All-Inclusive Care for the Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services for older individuals under the state's Medi-Cal State Plan and under contracts entered into between the federal Centers for Medicare and Medicaid Services, the department, and PACE organizations. Existing law requires the department to pay capitation rates to health plans participating in the Medi-Cal managed care program using actuarial methods. Existing law requires the department to develop and pay capitation rates to entities contracted pursuant to the PACE program, using actuarial methods consistent with those provisions, with specified exceptions. Existing law requires the department to consult with those contracted entities in developing a rate methodology. This bill would require the department to notify the contracting PACE organization of the proposed rates at least 60 days prior to submission to the federal Centers for Medicare and Medicaid Services (CMS) for approval. The bill would authorize the department to define a reasonable date by which the PACE organization must submit written questions or feedback concerning the proposed rates. The bill would require the department to respond in writing to those questions or feedback by no later than 30 days prior to submitting the rates to CMS.
