The Donahoe Higher Education Act establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in this state. The act applies to the University of California only to the extent that the regents, by appropriate resolution, make it applicable. The Equity in Higher Education Act provides that it is the policy of the state to afford all persons, regardless of specified characteristics, including gender identity and gender expression, equal rights and opportunities in the postsecondary educational institutions of the state. This bill, as part of the Donahoe Higher Education Act, would require a campus of the University of California, California State University, or California Community Colleges to update a former student's records to include the student's updated legal name or gender if the institution receives government-issued documentation, as described, from the student demonstrating that the former student's legal name or gender has been changed. The bill would require the institution to reissue specified documents conferred upon, or issued to, the former student with the former student's updated legal name or gender, if requested by the former student. The bill would prohibit an institution from charging a higher fee for correcting, updating, or reissuing a document based on a legal name or gender change than the fee it charges for correcting, updating, or reissuing that document generally. Commencing with the 2023–24 graduating class, the bill would require an institution to provide an option for a graduating student to request that the diploma to be conferred by the institution list the student's chosen name, as specified. Because this bill imposes new duties on community college districts, it would constitute 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.
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Existing law creates, in the Labor and Workforce Development Agency, the Employment Development Department, which is vested with the duties, purposes, responsibilities, and jurisdiction with respect to job creation activities. The department is authorized to study and make recommendations as to actions that might tend to do several things, including, but not limited to, promoting the prevention of unemployment and the stabilization of employment, reducing and preventing unemployment, and establishing the most effective methods of providing economic security through all forms of social insurance. This bill would require the department to develop and, upon appropriation by the Legislature, implement a recession plan to prepare for an increase in unemployment insurance compensation benefits claims due to an economic recession. The bill would require the plan to detail how to respond to economic downturns with a predetermined strategy that has considered the full effect on the department's operations, and include, but not be limited to, identifying the lessons learned from previous economic downturns, identifying ways to improve self-serve services to avoid long wait times to speak to staff, and enhancing claims processing tools to ensure that the department's identity verification processes are as robust as possible. The bill would require the department to provide a copy of the recession plan to specified legislative committees and the Department of Finance by March 1, 2022, and to update the recession plan and provide a copy to specified legislative committees and the Department of Finance every 2nd year thereafter.
Existing law, the Information Practices Act of 1977, requires an agency that owns or licenses computerized data that includes personal information to disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was compromised, as specified. Existing law also requires a business that owns, licenses, or maintains personal information about a California resident to implement and maintain reasonable security procedures and practices. Existing law requires a person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, to disclose a breach of the security of the system following discovery or notification of the breach. This bill would specify that personal information for these purposes includes genetic data, and would define genetic data to mean any data, regardless of its format, that results from the analysis of a biological sample of an individual, or other source, and concerns genetic material, as specified. Because this bill would establish new requirements on local agencies, 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 the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied, undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. This bill would require a county to make its best efforts to provide an undocumented minor or nonminor dependent in foster care under the jurisdiction of the juvenile court with access to immigration legal services, as specified. Existing law requires, as soon as a placing agency makes a decision with respect to a placement or a change in placement of a dependent child, but not later than the close of the following business day, the placing agency to notify the child's attorney and provide to the child's attorney information regarding the child's address, telephone number, and caregiver. If a placing agency becomes aware that a dependent child or nonminor dependent is an undocumented immigrant, this bill would require the placing agency to notify the dependent child's or nonminor dependent's attorney of that fact. The bill would require electronic or telephonic notice to be provided to the attorney within 5 business days of learning of the minor or nonminor dependent's immigration status. Existing law, until January 1, 2022, authorizes a nonprofit charitable corporation that is not incorporated in this state to be appointed as a guardian of a minor in connection with a petition regarding special immigrant juvenile status, if the nonprofit charitable organization meets specified requirements including that it is licensed by this state to provide care for minors and is contracted by a specific federal office to provide care and custody for the minor. This bill would remove the repeal date, thereby extending this provision indefinitely. By imposing additional duties on counties and county agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
The 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 and of any land outside its boundaries that bears a relation to its planning. Existing law requires the general plan to include a safety element that addresses, among other things, evacuation routes related to identified fire and geologic hazards. Existing law, upon the next revision of a local hazard mitigation plan on or after January 1, 2022, or beginning on or before January 1, 2022, if a local jurisdiction has not adopted a local hazard mitigation plan, requires the safety element to be reviewed and updated as necessary to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios. This bill would also require the safety element to be reviewed and updated to identify evacuation locations. By increasing the duties of local planning officials with respect to the update of general plans, 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.
(1) Existing law requires the Office of Emergency Services, on or before July 1, 2020, by regulation, to adopt appropriate thresholds for determining whether a telecommunications service outage constitutes a community isolation outage based on the risks to public health and safety resulting from the outage. Existing law requires all providers of telecommunications service that provide access to 911 service to notify the office whenever a community isolation outage occurs that limits their customers' ability to make 911 calls or receive emergency notifications. Existing law requires those community isolation outage notifications to include certain information, including a description of the estimated area and community affected by the outage. This bill would require each of those providers of telecommunications service to maintain on its internet website a public outage map showing that provider's outages, and would require the office, in consultation with the Public Utilities Commission, on or before July 1, 2022, to adopt by regulation requirements for those maps, as specified. The bill would authorize the office to provide the commission with all of the information provided to it as part of a telecommunications service provider's community isolation outage notification and require the office to aggregate that data and post that aggregated data on its internet website. (2) Under the California Constitution and the Public Utilities Act, the commission has regulatory authority over public utilities, including telephone corporations. The act requires the commission to develop and implement performance reliability standards for backup power systems installed on the property of residential and small commercial customers by facilities-based providers of telephony services upon determining that the benefits of the standards exceed the costs. This bill would require the commission, in consultation with the office, to develop and implement backup electricity rules to require providers of telecommunications service to submit resiliency plans to maintain backup electricity for their telecommunications infrastructure sufficient to maintain telecommunications service for at least 72 hours, except as provided. (3) The act requires the commission to develop, publish, and annually update a report that contains specified information, including an accounting of the commission's transactions and proceedings from the prior year, together with other facts, suggestions, and recommendations that the commission deems of value to the people of the state. This bill would require that the report additionally include a description of the actions taken by the commission using the information provided to it by the office, as described in paragraph (1) , a summary of deenergization event trends and the effect of deenergization events on telecommunications service and public safety, and an analysis of how the impacts of deenergization events on telecommunications service could be mitigated. (4) Under existing law, a violation of the act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain provisions of this bill would be parts of the act and because a violation of a commission action implementing the bill's requirements 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 law, the Fee Collection Procedures Law, provides for the administration and collection of various fee programs and was originally administered by the State Board of Equalization. In 2017, the California Department of Tax and Fee Administration was established, and existing law transferred many of the tax and fee administration duties, powers, and responsibilities of the board to the department. Existing law, the Sales and Use Tax Law, administered by the department, establishes that a marketplace facilitator, as defined, is considered the seller and retailer for each sale facilitated through its marketplace, as defined, for purposes of determining whether that marketplace facilitator is required to register with the department under the Sales and Use Tax Law. Existing law treats any marketplace facilitator that is registered or required to register with the department under the Sales and Use Tax Law and who facilitates a retail sale of tangible personal property by a marketplace seller, as defined, as the retailer selling or making the sale of the tangible personal property sold through its marketplace for purposes of paying any sales taxes and collecting any use taxes. Existing law requires a marketplace seller to register with the department for purposes of sales and use taxes for sales made on its own behalf and not facilitated by a registered marketplace facilitator. Existing law grants marketplace facilitators relief from liability for the tax on a retail sale in specified circumstances. This bill would extend the requirements of a marketplace facilitator relating to registration pursuant to the Sales and Use Tax Law to a law, as specified, that imposes a fee administered pursuant to the Fee Collection Procedures Law. The bill would treat a marketplace facilitator that is registered or required to register with the department under the Fee Collection Procedures Law, and who facilitates a retail sale of tangible personal property by a marketplace seller, as the retailer or dealer or both for purposes of collecting and remitting fees imposed upon the consumer in relation to that retail sale. The bill would further require a marketplace seller to register with the department for purposes of taxes or fees administered pursuant to the Fee Collection Procedures Law for sales made on its own behalf and not facilitated by a registered marketplace facilitator.
Existing law authorizes a peace officer to make an arrest pursuant to a warrant or based upon probable cause, as specified. Under existing law, an arrest is made by the actual restraint of the person or by submission to the custody of the arresting officer. Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. Existing law prohibits a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined. This bill would additionally prohibit a law enforcement agency from authorizing techniques or transport methods that involve a substantial risk of positional asphyxia, as defined. By requiring local agencies to amend use of force policies, 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, 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 establishes the Marine Managed Areas Improvement Act (MMAIA) , which, among other things, prescribes 6 classifications for designating managed areas in the marine and estuarine environments to ensure the long-term ecological viability and biological productivity of marine and estuarine ecosystems and to preserve cultural resources in the coastal sea. Under the MMAIA, in a state marine conservation area, it is unlawful to injure, damage, take, or possess any living, geological, or cultural marine resource for commercial or recreational purposes, or a combination of commercial and recreational purposes, that the designating entity or managing agency determines would compromise protection of the species of interest, natural community, habitat, or geological features. The MMAIA authorizes the designating entity or managing agency to permit, among other things, research, education, and recreational activities. This bill would authorize the designating entity or managing agency to also permit restoration and monitoring activities.
The California Meat and Poultry Supplemental Inspection Act authorizes the Secretary of Food and Agriculture to adopt, by regulation, standards and requirements relating to inspection, sanitation, facilities, equipment, reinspection, preparation, processing, buying, selling, and transporting, among other acts, for carrying out the purposes of the act. The act requires each person to be licensed before operating a meat processing establishment or a custom livestock slaughterhouse. The act does not apply in specified circumstances, including to a mobile slaughter operator who provides services to an owner of cattle, subject to specified conditions, including the condition that the person who raised the cattle and the mobile slaughter operator maintain records, as provided. A violation of the act is a misdemeanor. This bill would exempt from the requirements of the act a mobile slaughter operator that provides services to an owner of livestock, defined to mean any cattle, sheep, goat, and swine used for human food, and slaughters multiple livestock from multiple owners under certain specified conditions, including, among others, that the slaughter occurs on the premises of one of the owners of the livestock or on the premises of the producer, as defined, and the producer that has mobile slaughter operations conducted on their premises has registered with the Department of Food and Agriculture, the meat is not for sale, and the premises or the mobile slaughter facility where the slaughter is conducted has an adequate sewer, facilities, and potable water. The bill would require a mobile slaughter operator performing these services to be licensed with the department, as prescribed. The bill would require the department to establish a license fee and a renewal fee to cover costs associated with oversight and inspection of mobile slaughter operators, and would limit the fees to the department's reasonable regulatory costs and not to exceed a specified amount. The bill would require the producer to reregister with the department if the producer moves locations or if the operation changes ownership. The bill would require a mobile slaughter operator of livestock and a producer who produces livestock to maintain records for at least one year, as prescribed, and to exhibit the records on demand of any inspector or peace officer. By expanding the scope and number of possible crimes under the act to certain slaughterers and producers of livestock that fail to comply with the act's provisions, 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.