Existing law expresses the Legislature's findings and declarations that smoking is the single most important source of preventable disease and premature death in California. Existing law declares the intent of the Legislature to require the State Department of Public Health, local lead agencies, and the State Department of Education to cooperatively and individually conduct activities directed at the prevention of tobacco use and tobacco-related diseases. This bill would require licensed preowned vehicle retailers, as defined, to provide customers with a specified tobacco residue disclosure at the point of sale and prior to transfer of ownership. The bill would require these retailers to make the disclosure separate from the purchase agreement and would also require the customer to sign the disclosure.
Existing law, the Pharmacy Law, provides for the licensing and regulation of pharmacists by the California State Board of Pharmacy in the Department of Consumer Affairs. Existing law prohibits a pharmacist from dispensing a prescription unless the prescription is in a container that meets the requirements of state and federal law and is correctly labeled with certain information. Existing law requires a pharmacy or practitioner that dispenses a prescription drug containing an opioid to a patient for outpatient use to prominently display a specified notice on the label or container of the prescription drug containing an opioid. Existing law, when no other penalty is provided, makes a knowing violation of the Pharmacy Law a misdemeanor and, in all other instances, makes a violation punishable as an infraction. This bill would prohibit a dispenser from dispensing a prescription drug containing an opioid to a patient for outpatient use unless the dispenser also provides a personal use pharmaceutical disposal system, as defined, to the patient. The bill would provide that its provisions become operative only upon the Legislature enacting a framework for the governing of a personal use pharmaceutical disposal system program. By expanding the scope of 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 law authorizes a governmental agency to solicit proposals and enter into agreements with private entities for the design, construction, or reconstruction of, and to lease to private entities, specified types of fee-producing infrastructure projects. Existing law prohibits a state agency or specified governmental agencies from using this authorization to design, construct, finance, or operate a state project, defined as including tollroads, state water projects, state park and recreation projects, and state-financed projects. This bill would exclude state-financed projects from the definition of "state projects" and would authorize a state-financed project to pursue, and receive, if selected, state competitive grants or other allocations from programs for which the project is eligible, including, but not limited to, any of specified programs, including, among others, the program commonly known as the Trade Corridor Enhancement Program.
Existing law establishes requirements that apply when a public entity is required by statute or regulation to obtain an enforceable commitment that a bidder, contractor, or other entity will use a skilled and trained workforce to complete a contract or project. This bill would additionally apply the above-described requirements when a public entity is required by statute or regulation to obtain an enforceable commitment that a bidder, contractor, or other entity, at every tier of the contract that falls within an apprenticeable occupation, will use a skilled and trained workforce for all goods or services, as specified, relating to any Salton Sea project, as defined.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides that federally qualified health center services and rural health clinic services, as defined, are covered benefits under the Medi-Cal program, to be reimbursed, to the extent that federal financial participation is obtained, to providers on a per-visit basis and at a per-visit prospective payment system rate, as defined. Existing law establishes 5 separate minimum wage schedules for covered health care employees, as defined, depending on the nature of the employer and includes increases beginning on June 1, 2024. Existing law generally requires the State Department of Public Health to license, regulate, and inspect health and care facilities. This bill would, upon appropriation, require the State Department of Health Care Services to develop a minimum wage add-on as an alternative payment methodology to increase rates of payment for specified health care facilities to account for the costs of complying with the minimum wage schedules described above. The bill would require that the alternative methodology be applied retroactively to January 1, 2025, until those costs are included in the prospective payment system rate. The bill would require the department to seek all necessary federal approvals or amendments to the state Medi-Cal plan to implement these provisions and would require the department to make any state plan amendments or waiver requests public 45 days prior to submitting them to the federal Centers for Medicare and Medicaid Services.
Existing law, except as provided, requires the State Fire Marshal to prepare and adopt building standards relating to fire protection in the design and construction of the means of egress and the adequacy of exit from, and the installation and maintenance of fire alarm and fire extinguishment equipment or systems in, any state institution or other state-owned building or in any specified state-occupied building. Existing law requires the State Fire Marshal to prepare and adopt regulations other than building standards for the installation and maintenance of equipment and furnishings that present unusual fire hazards in any state institution or other state-owned building or in any specified state-occupied building. Existing law requires, except as provided, the State Fire Marshal to enforce those regulations in all state-owned buildings, specified state-occupied buildings, and state institutions throughout the state. Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education, including San José State University. This bill would prohibit the State Fire Marshal from having authority over the development of a project known as Spartan Village on the Paseo for use by San José State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, building permits, or certificates of occupancy, conditional or otherwise. This prohibition would only apply if the owner of that building, or the owner of related improvements to that building, enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, other safety-related activities, plan checks, or inspections, or to provide building permits or certificates of occupancy, conditional or otherwise, for that project. This bill would make legislative findings and declarations as to the necessity of a special statute for San José State University. This bill would declare that it is to take effect immediately as an urgency statute.
The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other specified mandatory elements, a housing element. That law, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region. That law further requires the appropriate council of governments, or, for cities and counties without a council of governments, the department, to adopt a final regional housing plan that allocates a share of the regional housing need to each city, county, or city and county in accordance with certain requirements. This bill would establish a pilot program for the Counties of Orange and San Diego, and the cities therein. The bill would authorize a city or county within the pilot program, by agreement, to transfer all or a portion of its allocation of regional housing need to another city or county within the pilot program. The bill would allow the transferring city or county to pay the transferee city or county an amount determined by that agreement, as well as a surcharge to offset the impacts and associated costs of the additional housing on the transferee city. The bill would also require the transferring city or county and the transferee city or county to report to the council of governments and the department specified information about the transfer, as provided. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Orange and San Diego.
Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. Existing law defines shoplifting as entering a commercial establishment with intent to commit larceny while the establishment is open during regular business hours. This bill would revise the definition of shoplifting to require an intent to steal retail property or merchandise. Existing law provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value. This bill would require a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished by imprisonment in the county jail for up to one year, or for 16 months, or 2 or 3 years, and would make conforming changes. This bill would provide that its provisions would become effective only upon approval of the voters, and would provide for the submission of its provisions to the voters for approval at the next statewide general election.
Existing law generally regulates social media platforms, including by requiring a social media platform that operates in the state to create, and publicly post on the social media platform's internet website, a policy statement that includes, among other things, the social media platform's policy on the use of the social media platform to illegally distribute a controlled substance. The California Consumer Privacy Act of 2018 grants to a consumer various rights with respect to personal information that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. This bill would require a social media platform that authenticates the identity of a user to delete any personal information submitted by the user to the social media platform for that purpose within 30 days of the date upon which the social media platform authenticates the user's identity.
Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, sets forth various provisions for the reporting, investigation, and prosecution of elder and dependent adult abuse. The act requires specified persons, known as mandated reporters, to report cases of elder or dependent adult abuse, including cases of physical abuse or neglect. Under the act, failure to report the abuse is a misdemeanor. Existing law defines "neglect" for purposes of the act to include, among other things, failure to assist in personal hygiene or in the provision of food, clothing, or shelter, or failure to prevent malnutrition or dehydration. This bill would expand the definition of neglect to include (1) failure to implement a treatment plan, (2) failure to provide or arrange for services necessary for physical, mental, or emotional health, and (3) carelessness that produces or could reasonably be expected to result in serious physical injury, mental suffering, or death. Existing law defines "physical abuse" for purposes of the act to include, among other things, use of a physical or chemical restraint or psychotropic medication for specified purposes, including for punishment or for any purpose not authorized by a physician and surgeon. This bill would expand the definition of physical abuse to include use of a physical or chemical restraint or psychotropic medication for discipline or convenience when not required to treat the resident's medical symptoms and administered by a long-term health care facility or residential care facility for the elderly, as defined. By expanding the definitions of neglect and physical abuse, thereby expanding the scope of the crime of failing to report the neglect or abuse, the bill would impose a state-mandated local program. The act provides for the award of attorney's fees and costs to, and the recovery of damages by, a plaintiff when it is proven by clear and convincing evidence that the defendant is liable for physical abuse, neglect, or abandonment, and that the defendant has been found guilty of recklessness, oppression, fraud, or malice in the commission of that abuse. This bill would instead apply a preponderance-of-the-evidence standard for those cases. 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 a county to perform home-finding and placement functions, investigate, examine, and make reports upon petitions for adoption filed in the superior court, act as a placement agency in the placement of children for adoption, accept relinquishments for adoption, and perform any other functions in connection with adoption that the department deems necessary, or to do any of them. Under existing law, the State Department of Social Services may provide state adoption services in a county that has not established a county adoption agency. This bill would, no later than June 30, 2025, require the department to create, operate, maintain, and update, as needed, the internet website www.adoption.ca.gov, as specified.
Existing law prohibits an agency from disclosing personal information that would link the information to the individual unless, among other things, the information is provided to a governmental entity by law, or the disclosure is to the individual to whom the information pertains. This bill would authorize disclosure of an original birth certificate, as defined, to an adopted person, or child or grandchild of an adopted person. Existing law requires the clerk of the court to report the decree to the State Registrar within 5 days after a decree of adoption. Existing law requires the State Registrar to generate a new birth certificate when the State Registrar receives a report of adoption from a specified court or when the State Registrar receives a specified court order. Existing law requires the new birth certificate to bear certain information and be identical to the certificate issued to the natural parents, except, when requested by the adopting parents, the certificate is required to omit the facility of birth and the race and color of the parents. This bill would remove the adopted parents exception described above that required the certificate to omit the facility of birth and the race and color of the parents. Existing law authorizes the adopting parents to request an amended certificate that omits, among other things, the city and county of birth, or the color and race of the parents. This bill would repeal that authorization. Existing law makes vital records related to adoptions, other than a newly issued birth certificate, available only upon the order of the superior court of the county of residence of the adopted child or of the county granting the order of adoption. Existing law prohibits the court from granting the records order unless a verified petition setting forth facts showing the necessity of the order has been presented to the court and good and compelling cause is shown for granting the order. This bill would similarly prohibit the court from granting a records order releasing an original birth certificate. The bill would also require the State Registrar to create and make available to a birth parent a contact preference form containing certain elections that would be available for release when a request for an original birth certificate is made.
