Asm. David Chiu

Existing law regulates the performance of abortions. Existing law, the Reproductive Privacy Act, provides that the state may not deny or interfere with a person's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the pregnant person. The act defines "abortion" as a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth. Under existing law, the Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions, as specified. Under existing law, the State Department of Public Health is responsible for, among other things, the statewide administration of various programs and policies relating to personal health. This bill would require the State Department of Public Health to develop and make available to the public informational materials that identify a person's privacy rights with respect to abortion, and the prohibition against state denial or interference with the right to choose or obtain an abortion, as specified.

The California Constitution provides that the Legislature may, by statute, prohibit retirement board investments if it is in the public interest to do so and providing that the prohibition satisfies specified fiduciary standards. Existing law prohibits the Public Employees' Retirement System and the State Teachers' Retirement System from investing public employee retirement funds in a company with active business operations in Sudan, the energy sector of Iran, and thermal coal companies, subject to specified requirements, limitations, and procedures. This bill would prohibit the boards of the Public Employees' Retirement System and the State Teachers' Retirement System from making new investments or renewing existing investments of public employee retirement funds in a private prison company, as defined. This bill would require the boards to liquidate investments in private prison companies on or before July 1, 2020, and would require the boards, in making a determination to liquidate investments, to constructively engage with private prison companies to establish whether the companies are transitioning their business models to another industry. The bill would provide that it does not require a board to take any action unless the board determines in good faith that the action is consistent with the board's fiduciary responsibilities established in the constitution. The bill would provide that board members and other officers and employees shall be held harmless and be eligible for indemnification in connection with actions taken pursuant to the bill's requirements, as specified. The bill would make related legislative findings and declarations.

Existing property tax law, in accordance with the California Constitution, provides for a welfare exemption for property that meets certain requirements, including that it is used exclusively for religious, hospital, scientific, or charitable purposes and is owned and operated by certain nonprofit entities. Existing property tax law establishes a partial welfare exemption for property that is used exclusively for rental housing and related facilities that is owned and operated by an eligible nonprofit entity, including a limited partnership in which the managing general partner is an eligible nonprofit corporation or eligible limited liability company, or a veterans organization, as provided. This bill would authorize the partial welfare exemption to apply to property that is owned and operated by a limited partnership in which the managing general partner is an S corporation that qualifies as a nonprofit corporation, and the property is eligible for, and receives, federal low-income housing credits and federal historic tax credits. The bill would require that, with respect to property located within the jurisdictional boundaries of the City and County of San Francisco, any outstanding tax, interest, or penalty that was levied or imposed between the period of January 1, 2010, and January 1, 2020 upon property that satisfies the criteria described above for a partial welfare exemption be canceled, and any amount previously paid be refunded, provided that the owner of that property certifies that the property satisfied those criteria at the time the tax was levied. By imposing new duties upon local officials with respect to property taxation, and by expanding the crime of perjury by requiring the property owner to make a certification under oath, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations regarding the public purpose served by the bill. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco. 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 requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.

Existing law establishes in state government the Natural Resources Agency under the supervision of the Secretary of the Natural Resources Agency. Existing law, the California Cultural and Historical Endowment Act, establishes the California Cultural and Historical Endowment in the Natural Resources Agency. Among other things, the act authorizes the endowment to award grants and loans on a competitive basis to public agencies and nonprofit organizations to encourage development of California's historical and cultural resources. Existing law establishes the Museum and Cultural Resources Program, under the administration of the endowment, to assist and enhance the services of California's museums and of other groups and institutions that undertake cultural projects that are deeply rooted in and reflective of previously underserved communities. This bill would appropriate $4,000,000 from the General Fund to the Natural Resources Agency to be distributed as a grant, during the 2019–2020 fiscal year, by the Secretary of the Natural Resources Agency to the Korean American National Museum located in the City of Los Angeles for the purpose of assisting construction of that museum. The bill would require, before the secretary distributes those funds, that the secretary confirm, in the manner as determined by the secretary, that the Korean American National Museum satisfies specified criteria.

The California Constitution provides that mechanics, persons furnishing materials, artisans, and laborers of every class have a lien upon the property upon which they have bestowed labor or furnished material for the value of the labor done and material furnished. The California Constitution also requires the Legislature to provide, by law, for the speedy and efficient enforcement of those liens. Existing statutory law governs private works of improvement and specifies the conditions required to enforce a mechanic's lien. Existing law provides that an associated lien has priority over a lien, mortgage, deed of trust, or other encumbrance on the work of improvement or the real property on which the work of improvement is situated that attaches after commencement of the work of improvement on the property or was unrecorded at the commencement of work and which the claimant had no notice of. This bill would instead provide that an associated lien has priority over a lien, mortgage, deed of trust, or other encumbrance on the work of improvement or the real property on which the work of improvement is situated, that attaches after the date of commencement of the work of improvement.

Under existing law, the Medical Practice Act, it is unprofessional conduct for a physician and surgeon to fail to comply with prescribed informed consent requirements relating to various medical procedures, including sterilization procedures, the removal of sperm or ova from a patient under specified circumstances, and the treatment of breast cancer. Any violation of the law relating to enforcement of the Medical Practice Act is a misdemeanor, as specified. This bill would prohibit a treatment or intervention on the sex characteristics of a person born with variations in their physical sex characteristics who is under 6 years of age unless the treatment or intervention is medically necessary. The bill, on or before December 1, 2021, would require the Medical Board of California, in consultation with specified persons and entities, to adopt regulations to determine which treatments and interventions on the sex characteristics of a person born with variations in their physical sex characteristics who is under 6 years of age are medically necessary, as specified. Any violation of these provisions would be subject to disciplinary action by the board, but not criminal prosecution.

Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency, and requires the department to administer various housing programs throughout the state, including programs that address the needs of homeless individuals and families, and reviewing local ordinances for the design, development, and operation of homeless shelters in cities and counties that have declared a shelter crisis. Existing law also requires a state agency or department that funds, implements, or administers a state program that provides housing or housing-related services to people experiencing homelessness or at risk of homelessness to revise or adopt guidelines and regulations to incorporate the core components of Housing First, an evidence-based model that uses housing as a tool, rather than a reward, for recovery. This bill would declare that it is the policy of the state that every child and family has the right to safe, decent, and affordable housing, and would require the policy to consider homelessness prevention, emergency accommodations, and permanent housing, as specified. The bill would, among other things, require all relevant state agencies and departments, including, but not limited to, the Department of Housing and Community Development, the State Department of Social Services, and the Office of Emergency Services, and local jurisdictions to consider that state policy when revising, adopting, or establishing policies, regulations, and grant criteria when those policies, regulations, and criteria are pertinent to advancing the guidelines listed as core components of Housing First. By imposing new duties on local governments, 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 establishes the Board of State and Community Corrections. Existing law charges the board with providing the statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California's adult and juvenile criminal justice system, including addressing gang problems. The existing Budget Act of 2019 establishes the California Violence Intervention and Prevention (CalVIP) Grant Program, administered by the Board of State and Community Corrections, to award competitive grants for the purpose of violence intervention and prevention. This bill would codify the establishment of the California Violence Intervention and Prevention Grant Program and the authority and duties of the board in administering the program, including the selection criteria for grants and reporting requirements to the Legislature. (2) Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose an excise tax on a retailer in the amount of $25 per firearm on the sale in this state of a handgun or semiautomatic rifle or shotgun sold as new, as provided, and an excise tax on a retailer in the amount of ___% of the gross receipts from any sale of ammunition. The tax would be collected by the state pursuant to the Fee Collection Procedures Law. This bill would require that the revenues collected be deposited in the CalVIP Firearm and Ammunition Tax Fund, which the bill would create. The moneys in that fund would be continuously appropriated to the Board of State and Community Corrections to provide CalVIP grants. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is 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.