Asm. Lori Wilson

Existing law imposes limitations on various contracts, including by prohibiting a contract or proposed contract for the provision of a consumer service by a licensee regulated by a licensing board from including a provision limiting the consumer's ability to file a complaint with that board or to participate in the board's investigation into the licensee. Existing law, the Consumers Legal Remedies Act, makes unlawful specified unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer, including the passing off of goods or services as those of another. The act authorizes any consumer who suffers any damage as a result of the use or employment by any person of a method, act, or practice declared as unlawful under the act to bring an action against that person to recover or obtain certain remedies. Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, the chief officer of the Department of Real Estate within the Business, Consumer Services, and Housing Agency. A willful violation of this law and other related real estate provisions is a crime. This bill would enact the Residential Exclusive Listing Agreements Act. The bill would make it unlawful for an exclusive listing agreement, as defined, regarding single-family residential property, as defined, to last longer than 24 months from the date the agreement was made. The bill would also make it unlawful for a renewal of an exclusive listing agreement, as described, to last longer than 12 months from the date the renewal was made. The bill would make it unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of the agreement. The bill would prohibit an exclusive listing agreement from renewing automatically and would require a renewal of an exclusive listing agreement to be in writing and be dated and signed by all parties to the agreement. The bill would make it unlawful to enforce or attempt to enforce an exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of these provisions. This bill would provide that an exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of the above-described provisions is void and unenforceable. The bill would provide that a violation of the above-described provisions constitutes a violation under the Consumers Legal Remedies Act, as described. The bill would authorize a homeowner who entered into any such agreement to retain any consideration received. The bill would provide that a violation of these provisions by a licensed person, as described, is also a violation of the person's licensing law. Because a violation of the bill's provisions by certain licensees may be punished as a crime under their respective licensing laws, the bill would impose a state-mandated local program. Existing law requires the county recorder to accept, upon payment of proper fees and taxes, for recordation certain instruments, papers, notices, or other documents. Existing law provides that a recorder is liable to an aggrieved party for the amount of damages if the recorder, among other things, neglects or refuses to record the instrument, paper, or notice within a reasonable time after receiving it, unless the document is unrecordable. Under existing law, a person who receives a form from the recorder determining the document is unrecordable is guilty of a misdemeanor if the person attempts to subsequently record the unrecordable document without an order from the court requiring recordation of the document. This bill would make it unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement. The bill would state that a violation of this prohibition constitutes a violation of the above-described provisions. By expanding the scope of a crime and imposing limitations on the county recorder, the bill would impose a state-mandated local program. The bill would also provide that a violation of these provisions by a licensed person, as described, is also a violation of the person's licensing law. Because a violation of the bill's provisions by certain licensees may be punished as a crime under their respective licensing laws, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law establishes the California State Nonprofit Security Grant Program under the administration of the Director of Emergency Services to provide grant funding to improve the physical security of nonprofit organizations that are at high risk of violent attacks or hate crimes due to ideology, beliefs, or mission. Existing law authorizes applicants to use grant funds for prescribed security enhancements, including security training. Existing law makes the operation of the program contingent upon an appropriation in the annual Budget Act. This bill would require the grant program to provide the grants to nonprofit organizations and would authorize the grant program to provide grants to an applicant that provides support to the above-described at-risk nonprofit organizations for vulnerability assessments, security trainings, mass notification alert systems, monitoring and response systems, and lifesaving emergency equipment. The bill would prohibit the director from taking into account during the evaluation of an application the applicant's prior history with or receipt of grant funding to improve its physical security. The bill would require the director, when evaluating applications, to consider whether an applicant is more likely to be a target of hate-motivated violence. Existing law requires the Office of Emergency Services to provide ongoing technical assistance for nonprofit organizations that require a vulnerability assessment for a state application to the California State Nonprofit Security Grant Program or a threat assessment for a federal application to the Nonprofit Security Grant Program of the United States Department of Homeland Security. This bill would require that the above-described technical assistance include a resource page on the office's internet website, as specified, and continuous outreach to stakeholders on available resources for vulnerability assessments outside the established grant cycle.

Existing law requires the State Department of Public Health, subject to an appropriation in the Budget Act of 2016, to award funding to local health departments, local governmental agencies, or on a competitive basis to other organizations, as specified, to support or establish programs that provide naloxone or another opioid antagonist to first responders and at-risk opioid users through programs that serve at-risk drug users. Existing law exempts from civil liability a person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency other than an act or omission constituting gross negligence or willful or wanton misconduct, as provided. This bill would require each stadium, concert venue, and amusement park to maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its premises at all times, and to ensure that at least 2 employees are aware of the location of the naloxone hydrochloride or other opioid antagonist. The bill would exempt from civil or criminal liability a person who, in good faith, administers naloxone hydrochloride or another opioid antagonist by nasal spray or auto-injector on the premises of a stadium, concert venue, or amusement park, other than an act or omission constituting gross negligence or willful or wanton misconduct, except as specified. The bill would exempt from civil or criminal liability a stadium, concert venue, or amusement park, or its employees, or an entity that owns, occupies, or operates a stadium, concert venue, or amusement park, or its employees, for the administration of naloxone hydrochloride or another opioid antagonist, or the failure to administer naloxone hydrochloride or another opioid antagonist, on the premises of the stadium, concert venue, or amusement park, as provided.

Existing law authorizes the Department of General Services to perform various duties relating to state real property, including by authorizing the Director of General Services to let a building located at Patton State Hospital to a nonprofit corporation or local government, for a period not to exceed 20 years, for the purpose of providing services to elderly persons. This bill would delete the 20-year lease maximum and would additionally authorize the Director of General Services to lease the building described above for the purposes of providing housing to homeless individuals and providing mental health services to those individuals.

Existing law provides for various memorials and monuments within the State Capitol Building and on the State Capitol grounds. Existing law prescribes various duties of the Department of General Services in connection with the development and maintenance of the State Capitol Building and grounds. This bill would authorize a nonprofit organization that represents blind veterans, in consultation with the Department of General Services, to plan, construct, and maintain a braille American flag to serve as a monument to the blind veterans of California and the United States in the State Capitol Building. The bill would specify duties for the Department of General Services in connection with the planning, construction, and maintenance of the monument. The bill would prohibit the construction of the monument until the Joint Rules Committee of the California Legislature approves and adopts a plan for the monument and the committee and the Department of Finance determine that sufficient private funding is available to construct and maintain the monument.

Existing law defines the term "serious felony" for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the Three Strikes Law. This bill would include human trafficking of a minor within the definition of a serious felony for all purposes, including for purposes of the Three Strikes Law, except as specified. By expanding the scope of an enhancement, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes the system of public elementary and secondary schools in this state and provides for the establishment of local educational agencies to operate these schools and provide instruction to pupils. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state. Existing law requires, no later than July 1, 2021, the State Department of Education to develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils, and strategies to increase support for LGBTQ pupils, as specified. Existing law encourages schools operated by a school district or county office of education and charter schools to use those resources to provide training at least once every 2 years to teachers and other certificated employees of those schools that serve pupils in grades 7 to 12, inclusive. This bill would require the State Department of Education, on or before July 1, 2025, to finalize the development of an online training delivery platform and an online training curriculum to support LGBTQ cultural competency training for teachers and other certificated employees, as specified. The bill would delete the above-described encouragement and instead would require, commencing with the 2025–26 school year and ending with the completion of the 2029–30 school year, each local educational agency, as defined, serving pupils in grades 7 to 12, inclusive, to use the online training delivery platform and curriculum, or an in-service alternative, to provide at least one hour of required training annually to teachers and other certificated employees at those schools, as provided. The bill would require each local educational agency to maintain records documenting the training, as provided. The bill would require the department to monitor compliance with the training requirement as part of the department's annual compliance monitoring of state and federal programs. The bill would require the department, within 9 months of the completion of the 5-year training period, to report data from that compliance monitoring to the Legislature, and post the report on the department's internet website, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require these provisions to be known as the Safe and Supportive Schools Act. This bill would make these requirements inoperative on July 1, 2031, and would repeal them as of January 1, 2032. 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.

(1) The Donahoe Higher Education Act establishes the California State University, under the administration of the Trustees of the California State University, the University of California, under the administration of the Regents of the University of California, 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 Equity in Higher Education Act requires, as provided, a campus of the University of California, the California State University, or the California Community Colleges to update a former student's records to include an updated legal name or gender if the institution receives government-issued documentation from a former student demonstrating that the former student's legal name or gender has been changed. Commencing with the 2023–24 graduating class, existing law prohibits an institution from requiring a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the student's chosen name listed on the student's diploma. This bill, commencing with the 2023–24 graduating class, instead would prohibit an institution from requiring a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the student's chosen name be the sole name listed on the student's diploma. The bill would authorize an institution to use a student's gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but would otherwise require the institution to identify the student in accordance with the student's gender identity and affirmed name, as provided. To the extent that this requirement would impose a new duty on community colleges, the bill would impose a state-mandated local program. (2) Existing law requires the governing board of each community college district to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in records where legal names are not required by law. Existing law, upon the request of an individual, requires a community college campus to update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification, including, among other records, transcripts. Existing law prohibits a community college campus from charging a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally. This bill would additionally require the Trustees of the California State University, and would request the Regents of the University of California, to implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification, as provided. The bill would, commencing with the 2024–25 academic year, require California State University campus systems, and would request University of California campus systems, to be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification. The bill would, upon the request of an individual, require a California State University campus, and would request a University of California campus, to update certain records, and would make a related change. The bill would additionally prohibit a California State University campus from charging, and would request a University of California campus to not charge, a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally. The bill would authorize a public postsecondary educational institution to use a student's gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but would otherwise require the public postsecondary educational institution to identify the student in accordance with the student's gender identity and affirmed name, as provided. To the extent that this requirement would impose a new duty on community colleges, the bill would impose a state-mandated local program. (3) 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 authorizes local authorities to adopt rules and regulations by ordinance or resolution regarding specified matters, including, among other things, the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority. This bill, until January 1, 2028, would authorize the Counties of Alameda, Contra Costa, and Solano to create a 3-year pilot program to regulate the transport of solid waste by commercial nonfranchise solid waste haulers, as defined, on public roads in unincorporated areas of the county, as provided. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Contra Costa, and Solano.

This measure would denounce the actions of the Tennessee House of Representatives in expelling two African-American Democratic Representatives.