Existing law, the Uniform TOD Security Registration Act, provides for the transfer of ownership or proceeds of a security, as defined, by a registering entity to the designated beneficiary or beneficiaries upon the death of the owner without probate or estate administration. Existing law authorizes a security to be registered in beneficiary form if the form is authorized by statute, as specified. Existing law specifies that, upon the death of the sole owner or the last to die of multiple owners, ownership of a security registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. This bill would require a registering entity that receives information establishing knowledge of the death of all owners of a security designated for nonprobate transfer held by that registering entity to initiate its beneficiary notification process, as specified. The bill would require the registering entity to make a reasonable and good faith effort, as defined, to notify each named beneficiary. The bill would require a beneficiary to receive their designated share within 60 days of providing all required documentation to the registering entity, as specified. This bill would specify the necessary information for a nonprofit corporation, charitable trust, or entity that is exempt from federal taxation to establish its legal identity for these purposes. The bill would prohibit a registering entity from requesting additional information, including, among other things, a social security number and driver's license number, from an individual employed by, or serving on the board of, those types of beneficiaries, except as specified. The bill would require a registering entity to permit those types of beneficiaries to demonstrate their entitlement to a security by providing specific documentation. The bill would make its provisions applicable to those types of beneficiaries commencing January 1, 2027. The bill would make its provisions applicable to all other beneficiaries commencing January 1, 2028, if the death of the final owner occurs on or after that date. This bill would make its provisions inapplicable if the death of all owners of a security occurred before January 1, 2027.
(1) Existing law authorized the County of Napa, until June 30, 2007, to meet up to 15 percent of its existing share of the regional housing need for lower income households in a specified manner. This bill would repeal this expired authority. (2) The Housing Accountability Act, which is a part of the Planning and Zoning Law, among other things, prohibits a local agency from disapproving a housing development project, as described, unless it makes specified written findings. The act requires a petition to enforce its provisions to be brought pursuant to a specified procedure and be filed no later than 90 days from the later of (A) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action taken on a housing development project or (B) the expiration of certain time periods specified in the Permit Streamlining Act. This bill would also include in the above-described expiration of certain time periods, among other things, the expiration of specified time periods in the State Housing Law. The Planning and Zoning Law requires the owner of land on which an assisted housing development is located, at least 12 months prior to an anticipated date of termination of a subsidy contract, an expiration of rental restrictions, or a prepayment on an assisted housing development, to provide notice of the proposed change to each affected tenant household residing in the assisted housing development at the time the notice is provided and to the affected public entities. If the owner decides to terminate a subsidy contract or prepay the mortgage pursuant to these provisions, or if the owner has an assisted housing development in which there will be the expiration of rental restrictions, existing law requires the owner to first give notice of the opportunity to specified entities. Existing law requires the Department of Housing and Community Development to monitor compliance with these provisions and provide a report to the Legislature, as prescribed, containing specified information. Existing law defines various terms for these purposes. This bill would additionally require the owner to provide that notice to affected public entities, as defined. The bill would prescribe the process for serving the notice on a city, county, or city and county in which the assisted housing development is located, to the appropriate local public housing authority, if any, and the Department of Housing and Community Development. The bill would remove some of the information required to be in the report from the department described above. The bill would also make technical changes to these provisions. (3) The Housing Crisis Act of 2019 prohibits an affected county or affected city, as defined, from enacting a development policy, standard, or condition that would change the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use below what was allowed under the land use designation and zoning ordinances of the affected county or affected city in effect on January 1, 2018. However, the act authorized the City of San Jose, until the date that the City of San Jose's housing element update for the 6th cycle was due, to proactively change a zoning ordinance to a more intensive use and use the added capacity to subsequently change a zoning ordinance applicable to an eligible parcel, as defined, to a less intensive use as long as there is no net loss in residential capacity. This bill would remove that expired authority. (4) Existing law establishes a low-income housing tax credit program pursuant to which the California Tax Credit Allocation Committee provides procedures and requirements for the allocation, in modified conformity with federal law, of state insurance, personal income, and corporation tax credit amounts to qualified low-income housing projects that have been allocated, or qualify for, a federal low-income housing tax credit and farmworker housing. Existing law defines "agricultural worker" or "farmworker" for these purposes to have the same meaning as "agricultural employee," which is defined to mean one engaged in agriculture, as defined, and to exclude, among other persons, any person other than those employees excluded from the coverage under specified provisions of federal law. This bill would revise the definition of "agricultural worker" or "farmworker" to mean an individual who derives, or prior to retirement or disability derived, a substantial portion of their income as an agricultural employee, as specified. The bill would also conform state tax law to changes relating to low-income housing tax credits for buildings financed by tax-exempt bonds subject to volume cap made by the federal One Big Beautiful Bill Act. The bill would specify the amount of credit to the taxpayer for each year, as prescribed. The bill would also make technical changes and correct cross-references in these provisions. Existing law requires the committee to annually submit to the Legislature a report specifying, with respect to its activities during the previous calendar year, certain information, including, among other requirements, the total amount of low-income housing credits allocated by the committee. Existing law requires the committee to include in its annual report to the Legislature, an aggregation of the information submitted annually by housing sponsors for all projects that have received an allocation in previous years, specifying certain information, including, among other requirements, the total number of units assisted by the credit that are occupied by households whose income is 60% or less of the area median gross income. For a project that has received an allocation on or after January 1, 2026, this bill would require the committee to include in the above-described aggregation, the total number of units assisted by the credit that meet each of specified conditions, including, among others, the unit is accessible to people with mobility disabilities or that the unit is accessible to people with vision and hearing disabilities. (5) Existing law designates the Department of Housing and Community Development as the state agency responsible for administering funds received by the state from the federal Housing Trust Fund pursuant to the Housing and Economic Recovery Act of 2008, and requires the department to submit an allocation plan for the distribution of those funds, as specified, to the Assembly Committee on Housing and Community Development and the Senate Transportation and Housing Committees. This bill would update the name of the Senate Housing Committee within these provisions. Existing law requires the department to submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, as specified. Existing law requires that report to include an evaluation of any program established by the department to meet the legal requirements of the federal Housing Trust Fund program guidelines. This bill would remove the requirement to include that evaluation in the report. Existing law generally governs the state's implementation of the federal State Community Development Block Grant Program. This bill would make nonsubstantive, technical changes to those provisions. (6) This bill would incorporate additional changes to Section 65589.5 of the Government Code proposed by AB 1621 to be operative only if this bill and AB 1621 are enacted and this bill is enacted last. The bill would incorporate additional changes to Sections 12206, 17058, and 23610.5 of the Revenue and Taxation Code proposed by AB 2270 to be operative only if this bill and AB 2270 are enacted and this bill is enacted last. (7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
(1) Existing law generally regulates insurance and creates the Department of Insurance, headed by the Insurance Commissioner. Existing law makes inactive the license of any licensee that is suspended by the Secretary of State and prohibits the inactive licensee from conducting any activity for which a license is required until the licensee is no longer suspended. Existing law makes a violation of this provision a crime. This bill would additionally make inactive the license of any licensee that is dissolved, forfeited, terminated, canceled, or surrendered by the Secretary of State. (2) Existing law regulates the types and amounts of investments that insurers may make. Existing law establishes the California Organized Investment Network (COIN) within the department to pursue active measures to encourage insurers to make investments in California's underserved and low- and moderate-income communities. Existing law authorizes a domestic incorporated insurer to make discretionary investments after investment of an amount equal to its required minimum paid-in capital in specified securities. Under existing law, those discretionary investments may include the purchase of, or loans upon, properties and securities, but are limited to the lesser of 5% of the insurer's admitted assets or 50% of the excess of admitted assets over the sum of capital paid up, liabilities, and a required surplus. Existing law, until January 1, 2027, increases that limitation if the commissioner has approved the amount and terms of the investment in advance and COIN has identified the investment in an investment opportunity bulletin or otherwise deemed it to be a qualified investment. This bill would indefinitely extend the increased limitation. (3) Existing law sets forth various provisions for the regulation and licensing of production agencies. This bill would specify those provisions generally apply to any applicant for a license issued by the commissioner or any licensee regulated by the commissioner, unless otherwise provided. Existing law prohibits the commissioner from issuing a permanent license to an applicant unless the applicant has, within the 12-month period preceding the date of issue of the license, taken and passed the qualifying examination for that license. This bill would toll that 12-month period during a review of the applicant's background information by the commissioner for an alleged violation that would, if proven, result in the suspension, revocation, or denial of the application, as specified. The bill would provide that background information also includes a judgment or order of restitution and a judgment or order assessing a fine or monetary penalty, excluding late fees. The bill would clarify that every licensee and applicant is required to promptly supply a complete written response to an inquiry from the commissioner relative to an application for, or the retention or renewal of, a license. (4) Under existing law, if an organization licensed as certain agents desires to change, remove, or add to the natural persons who are to transact insurance under the authority of the organization's license, the organization is required to file an application or notice, as prescribed by the commissioner, for an endorsement. Existing law makes the license of an organization licensed as certain agents inoperative upon the removal or termination of the last natural person named under the organization's license, as specified. This bill would apply the above-described provisions to organizations that are licensed as an accident and health or sickness agent. Existing law authorizes the commissioner to issue to an eligible person a certificate of convenience, a temporary permit issued as a matter of convenience to allow the transaction of certain insurance without a permanent license. Existing law specifies certain categories of people who are eligible for an estate certificate of convenience, including, but not limited to, the executor or administrator of the estate of a deceased property broker-agent, casualty broker-agent, or life agent. This bill would additionally include in the eligibility categories the executor or administrator of the estate of, the surviving spouse or heir otherwise entitled to conduct business of, and the conservator of the estate of, a deceased accident and health or sickness agent. (5) Existing law requires the commissioner to ensure that the Fraud Division within the department aggressively pursues all reported incidents of probable workers' compensation fraud, as specified. Existing law requires specified funds to be distributed to district attorneys, as provided, for purposes of the investigation and prosecution of workers' compensation fraud cases. Existing law requires the department to report to the Governor, the Legislature, specified legislative committees, and the Fraud Assessment Commission on the activities of the Fraud Division and district attorneys supported by the funds. To meet that requirement, existing law requires the department to submit a biannual information request to those district attorneys who have received funding. This bill would instead authorize the department to submit the biannual information request to meet that requirement. (6) Existing law provides for an assigned risk plan for automobile insurance. Existing law requires the commissioner to administer and operate the plan as authorized by law and creates an advisory committee with which the commissioner is required to consult on a regular basis with respect to policy matters affecting the operation of the plan. The bill would set a term of 2 years for noninsurer members of that advisory committee, to be staggered as specified. (7) Existing law establishes the State Compensation Insurance Fund to be administered by a board of directors for the purpose of transacting workers' compensation insurance and other public employment-related insurances. Existing law requires the board to invest and reinvest all moneys in the fund in excess of current requirements in the same manner as is authorized in certain provisions applicable to private insurance carriers. This bill would require the officers of the State Compensation Insurance Fund to provide an annual and quarterly investment report to the department, as specified. (8) Existing law establishes the California Earthquake Authority (CEA) , administered under the authority of the Insurance Commissioner and governed by a 3-member governing board, to transact insurance in this state as necessary to sell policies of basic residential earthquake insurance. Existing law sets forth the powers of the board to conduct the affairs of the CEA. Existing law requires the CEA to annually report on its financial capacity to pay claims, requires the Department of Finance to approve independent qualified auditors to examine the CEA's books and accounts, and requires the commissioner to file a certified report of the examination with specified persons. Under existing law, the CEA's employees are subject to civil service provisions. This bill would require the CEA to select and retain independent qualified auditors, whose selection would be subject to the commissioner's approval, to examine the CEA's books and accounts and would specify their retention as a duty of the governing board. The bill would require that the CEA file the certified report of the examination. The bill would specify that the CEA's employees subject to civil service provisions are also subject to specified incompatible activities provisions. (9) Existing law, the Public Insurance Adjusters Act, governs the regulation, licensing, and registration of public insurance adjusters. Existing law prohibits a licensee from acting as a public insurance adjuster without having first entered into a written contract. Existing law governs the form and content of the contract. Existing law requires a public adjuster who receives, accepts, or holds any funds on behalf of an insured towards the settlement of a claim to deposit the funds in a non-interest-bearing escrow or trust account, as specified, within 15 business days of receipt. Existing law makes a violation of the act a misdemeanor. This bill would require the written contract to also include the licensee's email address and would clarify that the licensee's listed address is a California business address. The bill would instead require a public adjuster to deposit funds within 15 calendar days of receipt or, if the funds relate to a claim for loss or damage in an area that is or was subject to a catastrophic disaster or a state of emergency or a local emergency, within 7 calendar days of receipt. The bill would require a public adjuster to remit to the insured any funds received towards the settlement of a claim within 30 calendar days of receipt or, if the funds relate to an area that is or was subject to a catastrophic disaster or state of emergency or a local emergency, within 15 calendar days of receipt. (10) This bill would make other technical changes relating to the calculation of adjusted premiums and present values for life insurance policies issued in a particular calendar year. (11) By creating new requirements for certain insurance licensees, the violation of which constitutes 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. (12) This bill would incorporate additional changes to Section 12928.7 of the Insurance Code proposed by SB 876 to be operative only if this bill and SB 876 are enacted and this bill is enacted last.
Existing law, the Planning and Zoning Law, among other things, provides for the creation by ordinance, or by ministerial approval if the local agency has not adopted an ordinance, of an accessory dwelling unit (ADU) in accordance with specified standards and conditions. Existing law requires fees charged for the construction of ADUs to be determined in accordance with specified provisions of the Mitigation Fee Act. Existing law prohibits a local agency, special district, or water corporation from imposing any impact fee upon the development of an ADU that has 750 square feet of interior livable space or less, and requires any impact fees charged for an ADU that has more than 750 square feet of interior livable space to be charged proportionately in relation to the square footage of the primary dwelling unit. This bill would require the charge for certain accessory dwelling units to be based only on the area in excess of 750 square feet of interior livable space. By changing the duties of local agencies with regard to calculating fees for ADUs, the bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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 authorizes the operation of an autonomous vehicle on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle operated if specified requirements are satisfied. Existing law prohibits the operation of an autonomous vehicle on public roads until the manufacturer submits an application to the Department of Motor Vehicles, as specified, and that application is approved. For these purposes, existing law defines "autonomous vehicle." This bill would require the manufacturer of an advanced driver assistance system, or an automobile equipped with an advanced driver assistance system, to ensure a driver is able to disable or disengage either an advanced driver assistance system or autonomous technology as a condition of operating the vehicle under a condition in which manual operation was previously available. The bill would define "advanced driver assistance system" for these purposes. The bill would authorize the Attorney General, a district attorney, or a city attorney to bring a civil action to enforce those prohibitions and would authorize a civil penalty not to exceed $25,000 per violation, as specified. The bill would specify that a violation of those prohibitions is not an unlawful business practice. The bill would also make technical and conforming changes. Existing law requires the department, upon application for an original driver's license, to require an examination of the applicant. Existing law requires the examination to test, among other things, the applicant's knowledge and understanding of the provisions of the Vehicle Code governing the operation of vehicles upon the highways, an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer, and a test of the applicant's hearing and eyesight, as specified. This bill would require the department, at the next regularly scheduled revision of the driver's license examination or demonstration of an applicant's ability to drive, to consider adding one or more questions that pertain to levels of advanced driver assistance systems.
Existing law authorizes, until January 1, 2032, the Cities of Los Angeles, San Jose, Oakland, Glendale, and Long Beach, and the City and County of San Francisco to establish a program for speed enforcement that utilizes speed safety systems if the systems meet specified requirements, including limits on the number of speed safety systems operated by a participating city or city and county at any time based on population. Existing law requires the speed safety system, to the extent feasible, to be angled and focused so as to only capture photographs of speeding violations and prohibits the speed safety system from capturing identifying images of other drivers, vehicles, or pedestrians. Existing law prohibits speed safety systems in a participating city or city and county from being operated on any California state route, including all freeways and expressways, United States highways, interstate highways, or any public road in unincorporated areas of any county where the Commissioner of the California Highway Patrol has full responsibility and primary jurisdiction for the administration and enforcement of the laws, and for the investigation of traffic accidents. This bill would require speed safety systems to blur any images that are unavoidably captured of other drivers, vehicles, or pedestrians who are not the subject of a notice of violation, and would require speed safety systems to blur these images, only to the extent feasible, for cameras that were installed before January 1, 2027. The bill would authorize, until January 1, 2032, the City of Long Beach to have 2 additional speed safety systems on the Pacific Coast Highway. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Long Beach.
(1) Existing law establishes the California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, to be administered by the State Air Resources Board in conjunction with the State Energy Resources Conservation and Development Commission (Energy Commission) . The program funds eligible projects, including, among others, projects for technology development, demonstration, precommercial pilots, and early commercial deployments of zero- and near-zero-emission medium- and heavy-duty truck technology, including projects that help to facilitate clean goods movement corridors. Existing law establishes the Clean Transportation Program, administered by the Energy Commission, to provide, among other things, competitive grants and revolving loans to specified entities for those entities to develop and deploy innovative technologies that transform California's fuel and vehicle types to help attain the state's climate change policies. This bill would require, within the California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, the state board and the Energy Commission, beginning January 1, 2027, to condition the inclusion of any medium- or heavy-duty vehicle model in specified incentive programs, including the Clean Transportation Program, on the receipt of the pricing data specified below. (2) Existing law establishes the state board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The state board, in this capacity, administers the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (project) under which the agency issues a limited number of vouchers to incentivize the purchase and use of zero-emission commercial vehicles. This bill would require the state board, in order to support the deployment of zero-emission heavy-duty vehicles through the project, to annually reevaluate the cap on the purchase of unredeemed state vouchers issued through the project, as specified. The bill would also require the state board to periodically reevaluate whether or not taxes should be included when determining the maximum share of vehicle cost incentivized through the project. This bill, beginning January 1, 2027, would require a state agency administering any medium- or heavy-duty vehicle incentive program that receives funding from the Greenhouse Gas Reduction Fund, including, but not limited to, the project, and any program that receives funding through the California Clean Fuel Reward through the Low-Carbon Fuel Standard regulations, or through the Clean Transportation Program, to condition the inclusion of any medium- or heavy-duty vehicle model in that program upon certain transparency requirements. The bill would require these transparency requirements to include, among other things, the original equipment manufacturer providing the manufacturer suggested retail price for all zero-emission vehicle models offered for sale in California that may be funded by the above-described incentive programs and receipt by the administering agency of a final itemized purchase order, as provided. This bill would require the state board, in coordination with the Energy Commission, to compile and make publicly available on its internet website in an aggregated format that anonymizes and protects the confidentiality of specified information, the data provided pursuant to these requirements. The bill would also authorize the state board to recover previously dispersed incentive funds that are found to have been dispersed based on data that was knowingly and intentionally misrepresented. The bill would require suspension of a vehicle model's eligibility for the above-described incentive programs for failure to comply with the reporting requirements, following a notice and a reasonable opportunity to cure the failure to comply. (3) Existing law establishes the Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program within the Air Quality Improvement Program to make financing tools and nonfinancial supports available to operators of medium- and heavy-duty vehicle fleets to enable those operators to transition their fleets to zero-emission vehicles. The bill would require the state board, on or before January 1, 2028, and in coordination with the Governor's Office of Business and Economic Development and the California Infrastructure and Economic Development Bank, to explore alternative financing opportunities to encourage the deployment of zero-emission medium- and heavy-duty vehicles and report its findings regarding these alternative financing opportunities to the Legislature. The bill would require this report to include, but not be limited to, incentives with a specific focus on encouraging new entries into the market, spurring market competition, and prioritizing manufacturing within the state, an evaluation of ways to de-risk and scale up the participation of private investors in the market for affordable zero-emission medium- and heavy-duty vehicles, including used vehicles, and an exploration of increasing deployment and decreasing costs by retrofitting internal combustion medium- and heavy-duty vehicles to zero-emission.
Existing law, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (act) , regulates certain single-use packaging and plastic single-use food service ware, as provided. As part of its comprehensive statutory scheme, the act requires producers of covered materials to reduce and recycle covered plastic material and to ensure that covered materials that are offered for sale, distributed, or imported in or into the state on or after January 1, 2032, are recyclable or compostable, as provided. The act establishes, until January 1, 2037, the California Plastic Pollution Mitigation Fund, which consists of all environmental mitigation surcharges, interest, penalties, and other amounts collected pursuant to the act, as provided. The act requires, upon appropriation by the Legislature, that 60% of the moneys in the fund be expended to monitor and reduce the historical and current environmental justice and public health impacts of plastics, and that 40% of the moneys in the fund be expended to monitor and reduce the environmental impacts of plastics on terrestrial, aquatic, and marine life and human health. This bill would, among other things, require each expenditure made upon appropriation from the fund to comply with specified requirements, including, among others, prioritizing programs, projects, and initiatives that benefit communities most burdened by the impacts of plastic pollution or demonstrate meaningful and durable partnership with California Native American tribes and that provide multiple benefits. The bill would require each of those expenditures to achieve one or more of specified purposes, including, among others, sustained mitigation of the potential adverse health impacts of plastics, supporting a reduction in plastic production, use, and disposal, and supporting research, data collection, and monitoring activities, as specified. The bill would require each department, agency, or entity implementing a grant program funded by the fund to take specified actions, such as providing technical assistance and providing a simplified preapplication and application. The bill would require reimbursement of a grantee's or subgrantee's indirect costs by applying one of 4 enumerated rates, not to exceed 35% of the total grant award. The bill would authorize moneys from the fund to be expended on implementing the bill and would prohibit moneys from the fund from being expended on specified purposes. The bill would expand the entities eligible to receive grants from the fund, as specified. This bill would require the Secretary for Environmental Protection to annually publish a list of all program, project, and initiative expenditures made pursuant to the fund, as specified. The bill would authorize the secretary to request information from grant recipients, as provided.
Existing law designates specific days as holidays in this state. Existing law designates holidays on which community colleges and public schools are authorized to close pursuant to a memorandum of understanding between the governing board and represented employees, including Cesar Chavez Day on March 31. Existing law entitles state employees, with specified exceptions, and authorizes certain community college and public school employees, to be given time off with pay for specified holidays, as specified. Existing law redesignates March 31 as Farmworkers Day instead of Cesar Chavez Day, and requires the Governor to annually proclaim March 31 as Farmworkers Day. This bill would remove the designation of March 31 as Cesar Chavez Day for purposes of holidays on which community colleges and public schools are authorized to close, and instead authorize community colleges and public schools to close on April 10, known as Farmworkers Day, as specified. The bill would revise the provisions related to state employees, certain community college employees, and public school employees to instead apply to Farmworkers Day, as specified. The bill would also make conforming changes to designate April 10 as Farmworkers Day, and require the Governor to annually proclaim April 10 as Farmworkers Day. Existing law designates August 26 as California Farmworker Day, and requires the Governor to annually proclaim August 26 as California Farmworker Day. This bill would repeal the provisions relating to California Farmworker Day. This bill would incorporate additional changes to Sections 45203, 79020, and 88203 of the Education Code proposed by AB 2017 to be operative only if this bill and AB 2017 are enacted and this bill is enacted last. The bill also would incorporate additional changes to Section 6700 of the Government Code proposed by AB 2017 and AB 2294 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. The bill further would incorporate additional changes to Sections 19853 and 19853.1 of the Government Code proposed by AB 1841 and AB 2017 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
(1) Existing law, the Cemetery and Funeral Act, establishes the Cemetery and Funeral Bureau within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of, among others, cemeteries and cemetery authorities. Existing law defines specified terms for purposes of the Cemetery and Funeral Act and the general regulation of cemeteries, but provides, however, that these definitions do not apply if expressly stated otherwise. Existing law states that the definitions and specified provisions that regulate cemeteries are inapplicable to religious corporations, a public cemetery, or any private or fraternal burial park, as specified. This bill would also make the definitions and regulation of cemeteries described above inapplicable to any California nonprofit public benefit corporation that manages the continued care and maintenance of an abandoned endowment care cemetery that oversees or performs interments pursuant to prepaid burial contracts and does not enter into any new contracts for the sale of new burial spaces to consumers, as specified. (2) Existing law authorizes a cemetery authority that maintains a cemetery to place its cemetery under endowment care and to establish, maintain, and operate an endowment care fund. Existing law requires each cemetery authority to file with the bureau annually, on or before June 1, or within 5 months after close of their fiscal year, as specified, a written report in a form prescribed by the bureau setting forth, among other things, the amount collected and deposited in both the general and special endowment care funds, as specified. Existing law requires certain information set forth in the report, including the information described above, to be accompanied by an annual audit report prepared in accordance with generally accepted accounting principles of the endowment care fund and special care fund, as specified. This bill would require the above-described information to instead be accompanied by an annual audit report for each year within that reporting period. (3) Existing law generally regulates cemeteries, including private cemeteries. Existing law, however, makes provisions that regulate private cemeteries inapplicable to any religious corporations, public cemeteries, or private or fraternal burial parks, as specified. This bill would also make provisions that regulate private cemeteries inapplicable to any California nonprofit public benefit corporation that manages the continued care and maintenance of an abandoned endowment care cemetery that oversees or performs interments pursuant to prepaid burial contracts, and does not enter into any new contracts for the sale of new burial spaces to consumers, as specified. (4) Existing law authorizes a city or county having a nonendowment care cemetery within its boundaries that threatens or endangers the health, safety, comfort, or welfare of the public to, by resolution of its governing board, as specified, declare the abandonment of the cemetery as a place of future interment. Existing law requires the city or county to permit interment therein of any person who, among other things, is an owner of a plot in the cemetery on the date of adoption of the resolution. After the work that the governing body, in its discretion, finds necessary and practicable has been completed, existing law requires the governing body to immediately thereafter, by resolution containing a legal description of the cemetery, dedicate the abandoned cemetery as a pioneer memorial park, as specified. Existing law requires, upon recordation of the resolution with the county recorder of the county in which the cemetery is located, fee title to the cemetery to vest in the city or county, as specified. Existing law requires any county or city acquiring fee title to a cemetery under these provisions to only use the property for the purpose of establishing and maintaining a pioneer memorial park. This bill would define "abandoned endowment care cemetery" to mean a cemetery that was formerly licensed, as specified, that meets other specified criteria, including that the bureau has conserved the endowment care fund and the property is negatively impacting the public health, safety, or welfare, as specified. The bill would require a county, if it determines that an endowment care cemetery has been abandoned, to provide the owner of the property 90 days' written notice to correct the health, safety, or welfare concerns it has identified. If, after 90 days, those concerns have not been corrected, the bill would require the county to declare the property an abandoned endowment care cemetery and ownership of the real property may be transferred to the county and promptly be recorded in the records of the county. This bill would require that, within 3 years of the transfer of title, the county take title to any remaining endowment care funds of the prior cemetery authority held by the bureau, and of all necessary books, records, property, and assets, which shall be placed in a special fund within the county treasury and only be expended on care, maintenance, or embellishment of the abandoned endowment care cemetery. The bill would authorize the county to transfer the care and management of an abandoned endowment care cemetery to a California nonprofit public benefit corporation, as specified.
(1) Existing law requires school districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the State Department of Education considering an applicant for a noncertificated position, and private schools considering an applicant for any position, to inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as required to be disclosed, as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined, that were used to support a substantiated investigation. Existing law requires those entities, when responding to an inquiry as to whether it has made a report of egregious misconduct to the Commission on Teacher Credentialing, to also provide the inquiring entity with a copy of all relevant information that was used to support a substantiated investigation within its possession. This bill would revise and recast those provisions by, among other things, (A) requiring those inquiries and disclosures to be related to any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, instead of only those complaints, investigations, or discipline used to support a substantiated investigation, (B) requiring those entities to provide relevant evidence in addition to any information, as specified, (C) requiring the responses to inquiries described above to include reports of egregious misconduct submitted to the statewide data system described in paragraph (2) and other related employment history that has been submitted to the commission, as provided, (D) requiring those entities to also provide relevant evidence or information to the commission upon inquiry, and (E) requiring those entities to preserve evidence or information relating to a substantiated report of egregious misconduct, as specified. The bill would establish that a school employee may be subject to dismissal if the employee, while holding a previous position in a local educational agency or private school, was the subject of any credible complaints of, investigations into, or discipline for, egregious misconduct, that was reported to the statewide data system described in paragraph (2) and either the employer failed to disclose that information or the employee did not disclose their previous education employers, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. (2) Existing law requires the commission, on or before July 1, 2027, and contingent upon an appropriation for these purposes in the annual Budget Act or another statute, to develop a statewide data system that includes information relating to investigations of allegations of egregious misconduct of individuals serving in a noncertificated position for a local educational agency, as defined, or in any position for a private school. Existing law requires local educational agency employers and private school employers, following both the start of, and completion of, an investigation of egregious misconduct, to submit notice to the statewide data system, as provided. Existing law requires substantiated reports of egregious misconduct and employee departures from employment during investigations to be recorded in the statewide data system and prohibits the recording in the statewide data system of investigations of egregious misconduct that result in an unfounded or inconclusive report, as provided. This bill would revise and recast those provisions by, among other things, (A) specifying that the statewide data system to be developed is specific to investigations of egregious misconduct, (B) revising the statewide data system's data fields, as specified, (C) revising the data that is to be submitted by local educational agencies and private schools and the processes for submitting and updating that data, as specified, and (D) specifying the role and responsibilities of the commission, local educational agencies, and private schools regarding the statewide data system by, among other things, (i) requiring the commission to develop a secure interface, as provided, and (ii) requiring local educational agencies and private schools to (I) request access to the statewide data system through the secure interface by May 1, 2027, (II) provide the commission with a designated email address for purposes of receiving notifications from the statewide data system, and (III) preserve all information or evidence related to substantiated reports of egregious misconduct that are notated in the statewide data system. The bill would also explicitly state that these provisions apply to merit districts. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would, among other things, provide that data contained in the statewide data system is not subject to disclosure under the California Public Records Act and that specified rights under the Information Practices Act of 1977 do not apply to data maintained in the statewide data system that is personal information for purposes of that act. 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 require a local educational agency or private school, upon receiving any credible complaint or other reason to believe that an employee has engaged in egregious misconduct, to conduct an investigation to determine whether the employee committed egregious misconduct. For local educational agencies, the bill would, among other things, (A) specify investigative timelines and (B) require the local educational agency to give the employee a reasonable opportunity to provide a statement and evidence to the investigator and, within 10 calendar days of the conclusion of the investigation, to serve upon the employee a written notice relating to the findings, as specified. The bill would require each private school to adopt, by July 1, 2027, a written employee investigation policy that includes, at a minimum, a description of the steps to be followed during those investigations, reasonable timelines for commencing and concluding those investigations, and the rights or responsibilities of the employer and employee relating to those investigations. The bill would require local educational agencies and private schools to complete the investigation regardless of whether the employee ends the employment relationship. The bill would explicitly state that these provisions apply to merit districts. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. Existing law requires those local educational agencies and private school organizations that are responsible for employment, employee investigations, or hiring decisions to review the statewide data system to determine whether an investigation resulted in a substantiated report of egregious misconduct before hiring an individual for an applicable position. This bill would, among other things, require the statewide data system to be accessible only to commission employees for specified purposes and employees of local educational agencies and private schools that are responsible for employment, employee investigations, or hiring decisions, and would require all of those employees to keep information contained in the statewide data system confidential, as provided. (3) Existing law requires the commission to appoint a Committee of Credentials and requires allegations of acts or omissions for which adverse action may be taken against applicants or holders of teaching or services credentials to be presented to the committee. Existing law authorizes the committee to commence an initial review upon the receipt of any of a list of specified documents or information, including the receipt of a record of a substantiated report, and a record of a start of an investigation followed by a change in employment status during an investigation, entered into the statewide data system. Existing law authorizes the committee to commence a formal review, as specified, upon receipt of specified documents or information. This bill would, among other things, (A) additionally authorize the committee to commence a formal review upon the receipt of an entry in the statewide data system of a substantiated report or a record of a start of an investigation followed by a change in employment status during the investigation entered into the statewide data system, (B) authorize the commission to make inquiries and requests for production of information and records from local educational agencies and private schools for purposes of investigating substantiated reports of egregious misconduct submitted to the statewide data system, and (C) require an entry of a substantiated report of egregious misconduct that does not involve sexual misconduct with a minor or recurring conduct resulting in a pattern of misconduct to be presented to the Committee of Credentials for initial review within 4 years. Existing law authorizes the commission, for purposes of ascertaining the moral character and true identity of the holder of a credential or an applicant for a credential or the renewal of a credential after jurisdiction to commence an initial review has been established, to require the production of information, records, reports, and other data from any public agency, as provided. This bill would authorize the commission to also require the production of information, records, reports, and other data for those purposes from private schools. (4) Existing law authorizes the department to require employees, prospective employees, volunteers, contractors, and subcontractors for the department and the state special schools and diagnostic centers operated by the department to undergo a fingerprint-based state and national criminal history background check, as specified. This bill would instead require the department to require those background checks, as specified. Existing law requires any entity that has a contract with a local educational agency, as defined, to ensure that any employee who interacts with pupils has a valid criminal records summary. Existing law exempts entities from this requirement in an emergency or exceptional situation. If a pupil participates in services provided by a contractor as part of an independent study program, and the pupil is under the immediate supervision and control of the pupil's parent or guardian, existing law requires the local educational agency to either verify completion of a valid criminal records summary for all employees or ensure that the parent or guardian has signed a consent form. This bill would revise and recast these provisions by, among other things, expanding the requirement for a valid criminal records summary to any entity that has a contract with a local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department. The bill would extend the application of that requirement to any employee, including a subcontractor, who interacts with pupils or provides direct services to pupils, as provided. The bill would require, as a condition of the above-described exemption from this requirement for a valid criminal records summary, the entity's employee, including a subcontractor, to be within the immediate supervision and control of a school employee. The bill would, as applied to a pupil participating in an independent study program, instead require a local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department to verify the completion of a valid criminal records summary and remove the alternative of obtaining the consent form from the parent or guardian. The bill would also require a local educational agency and the department to include a requirement in contracts with these entities setting forth a termination clause for noncompliance with these requirements. This bill would separately require, on or before July 1, 2027, each governing board or body of a local educational agency, as defined, each private school, and the department for purposes of state special schools and diagnostic centers operated by the department, when entering into a contract with any entity for specified services to pupils to (A) ensure that the contract terms and conditions include, among other things, the above-described requirements concerning background checks or, for private schools, other specified requirements concerning background checks and (B) enforce those terms. The bill would also require, on or before July 1, 2027, each governing board or body of a local educational agency, the department for purposes of state special schools and diagnostic centers operated by the department, and private schools, when entering into a contract with any entity for specified services to pupils to ensure that the contract terms and conditions include, among other things, (A) a requirement that as part of qualifying to be a contractor or subcontractor for a local educational agency, the department, or a private school, the entity disclose any credible complaints of, or discipline for, reportable conduct, defined to include specified offenses, by the entity's employees, including subcontractors, who will be providing the services, as provided, and (B) a requirement on the local educational agency, the department, or the private school to check the names and pertinent identifying information provided by a contracting entity against the statewide data system or pursuant to alternate procedures, as specified. If any credible complaint of egregious misconduct by any contractor or subcontractor, or employee, including a subcontractor, of any contractor or subcontractor, performing services for the local educational agency, the department, or the private school is made or received, the bill would require the local educational agency, the department, or the private school to make specified notifications. (5) Existing law requires private schools, among other entities, to provide annual training, using an online training module provided by the State Department of Social Services or an alternative training, to their employees and persons working on their behalf who are mandated reporters, as defined, on the mandated reporting requirements related to child abuse, as provided. Existing law requires this alternative training module to be approved by the liability insurance provider used by the private school, as provided. This bill would require the alternative training module for private schools to be approved by the private school's governing authority instead of by the private school's liability insurance provider. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, 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 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 prohibits specified health care service plan contracts and disability insurance policies from excluding persons covered by the plan from receiving benefits if they are diagnosed as having any significant destruction of brain tissue with resultant loss of brain function, including Alzheimer's disease. This bill would require a health care service plan contract or health insurance policy that is issued, amended, or renewed on or after January 1, 2027, to include coverage for all medically necessary treatments or medications, as determined by a health care provider, approved by the United States Food and Drug Administration (FDA) for the treatment of Alzheimer's disease or other medical conditions affecting memory. On and after January 1, 2027, the bill would prohibit a health care service plan or health insurer from imposing step therapy protocols as a prerequisite to authorizing that coverage, except as provided. 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.
