Asm. Rebecca Bauer-Kahan

Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop and implement a course of instruction and training for specified peace officers on the topic of hate crimes. Existing law requires that training to be implemented into the basic course and requires, as specified, all state and local law enforcement agencies to provide the training to all peace officers they employ. This bill would require POST to develop and periodically update an interactive refresher course on hate crimes for in-service peace officers, and require specified peace officers to take the course every 5 years.

(1) The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill, for taxable years beginning on or after January 1, 2021, and before January 1, 2026, would allow a credit against those taxes to a taxpayer that is transferred, and allocated, credits pursuant to the sale of a multifamily rental housing development or mobilehome park to a qualified developer, as defined, that has received a credit reservation from the California Tax Credit Allocation Committee, in specified amounts. The bill would require the credits to be reserved on a first-come-first-served basis. The bill would limit the aggregate amount of credit that may be allocated by the committee, as provided. The bill would also provide that the credit amount shall be $0 for each taxable year beginning on or after January 1, 2021, and before January 1, 2026, unless otherwise specified in a bill providing for appropriations related to the Budget Act. (2) Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new income tax credit. (3) This bill would take effect immediately as a tax levy.

This measure would proclaim March 15, 2020, to March 22, 2020, as California Down Syndrome Awareness Week and March 21, 2020, as California Down Syndrome Day, and would encourage all Californians to support and participate in related activities.

Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the State Air Resources Board to identify toxic air contaminants that are emitted into the ambient air of the state and to establish airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources. This bill would require an air district to adopt a rule or revise its existing rules, consistent with federal law, to allow a health facility that has received a permit from the district to construct and operate an emergency backup generator to use that emergency backup generator during a deenergization event without having that usage count toward any time limitation on actual usage and routine testing and maintenance included as a condition for issuance of that permit. By requiring air districts to adopt or revise its rules, the bill would impose a state-mandated local program. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities are under the direction of their governing boards. Electrical cooperatives are subject to the regulatory authority of the commission, except as specified. Existing law requires each electrical corporation to annually prepare and submit a wildfire mitigation plan to the commission for review and approval, as specified. Following approval, the commission is required to oversee compliance with the plans. Existing law requires each local publicly owned electric utility and electrical cooperative to annually prepare a wildfire mitigation plan and to verify that the wildfire mitigation plan complies with all applicable rules, regulations, and standards, as appropriate. Existing law requires a wildfire mitigation plan of an electrical corporation to include, among other things, protocols for deenergizing portions of the electrical distribution system that consider the associated impacts on public safety, as well as protocols related to mitigating the public safety impacts of those protocols, including impacts on critical first responders and on health and communications infrastructure. Existing law requires a wildfire mitigation plan of an electrical corporation to also include appropriate and feasible procedures for notifying a customer who may be impacted by the deenergizing of electrical lines and requires these procedures to consider the need to notify, as a priority, critical first responders, health care facilities, and operators of telecommunications infrastructure with premises within the footprint of a potential deenergization event. Existing law requires that an electrical cooperative and a local publicly owned electric utility consider these matters when developing and implementing a wildfire mitigation plan. If an electrical corporation, electrical cooperative, or local publicly owned electric utility has undertaken a deenergization event during a calendar year, this bill would require the electrical corporation, electrical cooperative, or local publicly owned electric utility, by January 30 of the following calendar year, to submit a report with specified information to each air quality management district and air pollution control district affected by the deenergization event. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because this bill would require action by the commission to implement its requirements, and a violation of that action would be a crime, the bill would impose a state-mandated local program by creating a new crime. By requiring local publicly owned electric utilities to report matters to air quality management districts and air pollution control districts 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 specified reasons. 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, the Gender Tax Repeal Act of 1995 (the act) , prohibits a business establishment from discriminating against a person because of the person's gender with respect to the price charged for services of similar or like kind and specifies that this prohibition does not apply to price differences based specifically upon the amount of time, difficulty, or cost of providing the services. The California Fair Employment and Housing Act protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of various personal characteristics. Under existing law, the Department of Fair Employment and Housing is responsible for receiving, investigating, conciliating, mediating, and prosecuting complaints alleging violations of specified civil rights. This bill would prohibit a business establishment from discriminating against a person because of a person's gender with respect to the price charged for any 2 consumer products from the same manufacturer that are substantially similar if those products are priced differently based on the gender of the individuals for whose use the products are intended or marketed, as specified. The bill would make the department responsible for receiving, investigating, conciliating, mediating, and prosecuting complaints alleging violations of these provisions.

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of daycare centers, as defined, and family daycare homes, as defined, by the State Department of Social Services. A violation of the act is a crime. Existing law declares the intent of the Legislature to encourage any person who provides childcare in a licensed child daycare facility to have certain elementary health care training, including cardiopulmonary resuscitation and pediatric first aid. Existing law authorizes licensees and staff of a child daycare facility to perform blood glucose testing and administer inhaled medication to a child if specified requirements are met. Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors, as defined, to school nurses and trained personnel who have volunteered to use epinephrine auto-injectors under emergency circumstances, as specified, and authorizes school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. This bill would require the State Department of Social Services by January 1, 2025, to establish a program to authorize child daycare facilities to keep emergency epinephrine auto-injectors onsite to be administered by trained, volunteer personnel to provide emergency medical aid to a person who is suffering, or reasonably believed to be suffering, from an anaphylactic reaction. The bill would require the department to develop a training program for the participating personnel, which would include components, including, but not limited to, techniques for recognizing symptoms of anaphylaxis and emergency followup procedures. Existing law authorizes a pharmacy to furnish epinephrine auto-injectors to a school district, county office of education, or charter school if certain requirements are met. This bill would authorize a pharmacy to furnish epinephrine auto-injectors to the State Department of Health Care Services under the program created pursuant to this bill, subject to similar requirements.

(1) Existing law prohibits a person, business, or association from knowingly publicly posting or displaying on the internet the home address or home telephone number of a provider, employee, volunteer, or patient of a reproductive health care services facility, or of persons residing at the same home address as a provider, employee, volunteer, or patient of a reproductive health services facility, with the intent to incite a 3rd person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the 3rd person is likely to commit this harm, or to threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for the person's or coresident's personal safety. Existing law establishes a cause of action for damages and declaratory relief for violations. This bill, instead, would prohibit a person, business, or association from knowingly publicly posting, displaying, disclosing, or distributing the personal information, as defined, or image, or a reproductive health services patient, provider, or assistant, as defined, without that person's consent and with the above-specified intent. Existing law makes it a misdemeanor, punishable by up to 6 months in a county jail, a fine of not more than $2,500, or both that fine and imprisonment, to post the home address, telephone number, or personally identifying information about a provider, employee, volunteer, or patient of a reproductive health service facility or other individuals residing at the same home address with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against that person or entity. If the violation leads to bodily injury of the person, existing law makes it a misdemeanor punishable by up to one year in a county jail, a fine of up to $5,000, or both that crime and imprisonment. This bill would make it a crime to post personal information or an image of a provider, employee, volunteer, or patient and would increase the penalty to either imprisonment in a county jail for either one year or 16 months or 2 or 3 years, a fine of up to $10,000, or both that fine and imprisonment, and would make violation a felony if bodily injury occurs. By increasing the penalty for a crime, this bill would impose a state-mandated local program. (2) Existing law, the California Freedom of Access to Clinic and Church Entrances Act (the Act) , prohibits specified actions that, by force, threat of force, or physical obstruction, impede access to reproductive health services facilities, as defined. This bill would also make it a crime, within 100 feet of the entrance to or within a reproductive health services facility, to intentionally videotape, film, photograph, or record by electronic means a reproductive health services patient, provider, or assistant, as defined, because of that status or in order to intimidate a person or entity, or a class of persons or entities, from becoming or remaining a reproductive health services patient, provider, or assistant. The bill would also make it a crime to intentionally disclose or distribute material obtained in violation of that provision to intimidate a person or entity, or a class of persons or entities, from becoming or remaining a reproductive health services patient, provider, or assistant. Existing law specifies the penalties for violation of the Act, including imprisonment as a misdemeanor and specified fines. This bill would increase the penalties for the existing crimes, including making some instances a felony and increasing fines, and would establish the same penalties for the newly added crimes described. By increasing the penalty for a crime, this bill would impose a state-mandated local program. (3) Existing law, the Reproductive Rights Law Enforcement Act, requires the Attorney General to carry out certain functions relating to anti-reproductive-rights crimes in consultation with, among others, subject matter experts, and requires the Commission on the Status of Women and Girls to convene an advisory committee that consists of members of the organizations identified as subject matter experts. Existing law requires the advisory committee to make 2 reports to specified legislative entities, the Commission on Peace Officer Standards and Training (POST) , and the Commission on the Status of Women and Girls, the first by December 31, 2007, and the 2nd by December 31, 2011, to evaluate the implementation of the act and making recommendations. This bill would require the advisory council to make 2 additional reports, the first by December 31, 2024, and the 2nd by December 31, 2029, for the same purposes. Existing law requires POST to develop a 2-hour telecourse on anti-reproductive-rights crimes and make the telecourse available to all California law enforcement agencies and to the advisory committee. This bill would also require the commission to keep the telecourse updated and to provide the updated course to the prescribed entities. (4) 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, and in some instances requires, the governing board of a school district or community college district to, by majority vote of the governing board, order an election and submit to the electors of the school district or community college district, as applicable, the question whether the bonds of the district should be issued and sold for the purpose of raising money for specified purposes, including, among other things, the repairing, restoring, or rebuilding of a school building damaged, injured, or destroyed by fire or other public calamity. Existing law generally requires, to pass a school bond measure, that at least 23 of the votes cast on the proposition of issuing bonds be in favor of issuing the bonds to pass the measure. Existing law authorizes the governing board of a school district or community college district, as an alternative to issuing bonds pursuant to the above authority, to, by a 23 vote of the governing board and subject to certain requirements limiting the bonds to be used for specified purposes, pursue the authorization and issuance of bonds through an election pursuant to certain provisions of the California Constitution that only require at least 55% of the votes cast on the proposition of issuing bonds be in favor of issuing the bonds. This bill would revise and recast the specified purposes for which school bonds may be issued by broadening those purposes to include, among others, the acquisition or lease of real property for school facilities, the construction or acquisition of school facilities, the reconstruction, rehabilitation, or replacement of school facilities, the repairing, restoring, or rebuilding of school facilities, and the supplying of school facilities. The bill would define, for these purposes, "school facility" to mean a building, facility, structure, or real property improvement used or operated in conjunction with one or more public schools or community colleges, including, but not limited to, classrooms, academic buildings, auditoriums, libraries, laboratories, research or training facilities, administrative offices or buildings, health offices or facilities, dormitories, dining halls, student centers or unions, housing for students, faculty, or school or district employees, sports facilities, maintenance, storage, or utility facilities, other related buildings, facilities, structures, or real property improvements used for student instruction, conducting research, or training, or for operating a school facility, and all necessary, usual, or useful attendant and related buildings, facilities, structures, or real property improvements, including, but not limited to, streets, parking, and supportive services facilities or structures, required or useful for the operation of another school facility. The bill would declare that its provisions are severable and are to be liberally construed to effect its purposes. To the extent the bill creates additional duties for school districts, community college districts, and local elections officials, 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.

(1) Existing law, subject to certain limitations, authorizes the legislative body of a city or the board of supervisors of a county to license any kind of business not prohibited by law transacted and carried on with the limits of the city's or county's jurisdiction and fix rates of a license fee, as provided. Existing law requires a hosting platform, as defined, to provide a specified notice to an offeror listing a residence for short-term rental on a hosting platform. This bill would specify that the legislative body of a city or the board of supervisors of a county may, under the above-described authority, license and fix rates of a license fee for short-term rentals, as defined. If a city or county licenses short-term rentals under these provisions, the bill would require that the city or county post specified information on its internet website with respect to each licensee. The bill would require an offeror who lists a residence for short-term rental on a hosting platform, and who was required to obtain a license by a licensing county or city, to include the license number on that listing. The bill would impose on an offeror who violates this requirement a fine of up to $1,000, as determined by the licensing county or city, for each day that the residence is listed on a hosting platform without including the license number. The bill would require a hosting platform to provide, upon request of a licensing county or city, location information for each listing that is within the jurisdiction of the licensing county or city for the purpose of confirming the license number of listings within the jurisdiction of a licensing county or city. The bill would also expressly authorize the legislative body of a city or the board of supervisors of a county to enact an ordinance or resolution that regulates a hosting platform in specified ways, including prohibiting the listing of short-term rentals that do not have a valid license from the city or county. The bill would specify that this authorization does not prohibit the legislative body of a city or the board of supervisors of a county from enacting any other regulation of a hosting platform that is consistent with its police power and not otherwise prohibited by law. (2) Existing law authorizes the legislative body of a city or county to levy a tax on the privilege of occupying a room or other living space in a hotel, inn, tourist home or house, motel, or other lodging unless the occupancy is for a period of more than 30 days, as provided. Under existing law, a charter city, pursuant to its constitutional authority over municipal affairs, may levy local taxes to raise revenues for local purposes, subject to restrictions imposed by that city's charter or preemption in matters of statewide concern. This bill would require, on and after July 1, 2021, an operator of a hosting platform engaged in business in this state to collect any transient occupancy tax of a city, including a charter city, that is levied on the occupancy of a residential unit offered and reserved through the hosting platform. This bill would require the operator to remit any transient occupancy taxes collected to the city in a form and manner as may be determined by the legislative body of the city and to include specified information with that remittance. This bill would provide that any transient occupancy tax collected by an operator constitutes a debt owed by the operator to the city that levied the transient occupancy tax. 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.