Asm. Matt Haney

The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA establishes the Department of Cannabis Control (department) within the Business, Consumer Services, and Housing Agency to administer the act, and requires the department to be under the supervision and control of a director. Existing law provides that a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if certain conditions are met. Existing administrative law specifies that a licensed retailer or licensed microbusiness authorized for retail sales who operates a consumption area on the licensed premises in accordance with this provision may also sell prepackaged, noncannabis-infused, nonalcoholic food and beverages if the applicable local jurisdiction allows. This bill would authorize a local jurisdiction, if specified conditions are met, to allow for the preparation or sale of noncannabis food or beverage products, as specified, by a licensed retailer or microbusiness in the area where the consumption of cannabis is allowed, and to allow, and to sell tickets for, live musical or other performances on the premises of a licensed retailer or microbusiness in the area where the consumption of cannabis is allowed. The bill would additionally specify that these provisions do not authorize a licensed retailer or microbusiness to prepare or sell industrial hemp or products containing industrial hemp, as provided.

Existing law generally governs the transactions between a rental company, also referred to as a rental car company, and its customers. Existing law prohibits a rental company from using, accessing, or obtaining any information relating to the renter's use of the rental vehicle that was obtained using electronic surveillance technology, except under specified circumstances. Existing law, until January 1, 2028, authorizes a rental company to activate electronic surveillance technology if the rental vehicle has not been returned following 72 hours after the contracted return date or by 72 hours following the end of an extension of that return date. Existing law requires the rental company to provide notice of activation of the electronic surveillance technology 24 hours prior to activation, as specified. Existing law, except as specified, requires the rental or lease agreement to advise the renter that electronic surveillance technology may be activated if the rental vehicle has not been returned within 72 hours of the return date. Existing law requires the advisement to also be made orally to the renter at the time of executing the rental or lease agreement, except as provided. This bill would delete the January 1, 2028, sunset date, thereby extending those provisions, as further revised by the bill, indefinitely. The bill would decrease the time that a rental company must wait after the contracted or extended return date before activating electronic surveillance technology to 24 hours. The bill would specify that the oral advisement shall be made if the transaction is completed in person or by telephone.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of disability insurers by the Department of Insurance. Existing law imposes various requirements and restrictions on health care service plans and disability insurers, including, among other things, a requirement that every group health care service plan contract or disability insurance policy that is issued, amended, or renewed on or after January 1, 1990, offer coverage for the treatment of infertility, except in vitro fertilization. This bill would require large and small group health care service plan contracts and disability insurance policies issued, amended, or renewed on or after July 1, 2025, to provide coverage for the diagnosis and treatment of infertility and fertility services. With respect to large group health care service plan contracts and disability insurance policies, the bill would require coverage for a maximum of 3 completed oocyte retrievals, as specified. The bill would revise the definition of infertility, and would remove the exclusion of in vitro fertilization from coverage. The bill would also delete a requirement that a health care service plan contract and disability insurance policy provide infertility treatment under agreed-upon terms that are communicated to all group contractholders and policyholders. The bill would prohibit a health care service plan or disability insurer from placing different conditions or coverage limitations on fertility medications or services, or the diagnosis and treatment of infertility and fertility services, than would apply to other conditions, as specified. The bill would make these requirements inapplicable to a religious employer, as defined, and specified contracts and policies. Because the violation of these provisions by a health care service plan 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 requires a prisoner who has a severe mental disorder to be treated by the State Department of State Hospitals as a condition of parole. Existing law specifies the criteria for this parole condition to apply, and allows a prisoner to request a hearing before the Board of Parole Hearings for the purpose of proving that the prisoner meets the criteria. Existing law allows a prisoner who disagrees with the determination of the Board of Parole Hearings to file a petition in court for a hearing on whether they met the criteria. Existing law provides that if the determination of the Board of Parole Hearings is reversed, the court is to stay the execution of the decision for 5 working days to allow for an orderly release of the prisoner. Existing law requires that specified persons released from prison, after serving a prison term for a felony, be subject to postrelease community supervision provided by a county agency for a period not exceeding 3 years immediately following release. This bill would instead provide that if the determination of the Board of Parole Hearings is reversed, the court shall stay the execution of the decision for up to 30 days to allow for an orderly release of the prisoner, as specified. The bill would require that if the determination of the Board of Parole Hearings is reversed, the Department of Corrections and Rehabilitation, upon a determination that the individual is eligible for release pursuant to postrelease community supervision provisions, notify the probation department of the county of supervision of the pending release within 5 working days of the court order and work with the county of supervision to coordinate the orderly and safe release of the prisoner.

Existing law authorizes a public or private elementary or secondary school to determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school, and to designate one or more volunteers to receive related training to address an opioid overdose, as specified. Existing law prohibits a person who has completed that training and who administers, in good faith and not for compensation, naloxone hydrochloride or another opioid antagonist to a person who appears to be experiencing an opioid overdose from being subject to professional review, liable in a civil action, or subject to criminal prosecution for the person's acts or omissions in administering the naloxone hydrochloride or another opioid antagonist, unless the person's acts or omissions constituted gross negligence or willful and wanton misconduct, as provided. This bill would prohibit a school district, county office of education, or charter school from prohibiting a pupil 12 years of age or older, while on a schoolsite or participating in school activities, from carrying or administering, for the purposes of providing emergency treatment to persons who are suffering, or reasonably believed to be suffering, from an opioid overdose, a naloxone hydrochloride nasal spray or any other opioid overdose reversal medication that is federally approved for over-the-counter, nonprescription use, as provided. The bill would prohibit a pupil 12 years of age or older of those local educational agencies who administers those opioid antagonists on a schoolsite or while participating in school activities to a person who appears to be experiencing an opioid overdose, from being held liable in a civil action or being subject to criminal prosecution for their acts or omissions, unless the pupil's acts or omissions constitute gross negligence or willful and wanton misconduct, as provided. The bill would also prohibit those local educational agencies, or an employee of those local educational agencies, from being subject to professional review, liable in a civil action, or subject to criminal prosecution for a pupil's acts or omissions in administering those opioid antagonists, unless an act or omission of the local educational agency, or the employee of the local educational agency, constitutes gross negligence or willful and wanton misconduct connected to the administration of those opioid antagonists.

Existing law makes it a crime to post personal information or an image of a reproductive health care services patient, provider, or assistant, 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 the reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address. Existing law makes a violation of this provision punishable as a misdemeanor. 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 $50,000, or both that fine and imprisonment. This bill would make a violation of these provisions punishable as either a misdemeanor or as a felony, and would make a violation a felony if bodily injury occurs. By increasing the punishment for a crime, this bill would impose a state-mandated local program. Existing law makes it a misdemeanor to, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten another person in the free exercise or enjoyment of a right or privilege secured by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of specified actual or perceived characteristics of the victim, including disability, gender, religion, race, or sexual orientation. This bill would make a violation of this provision punishable either as a misdemeanor or as a felony. By increasing the punishment for a crime, this bill would impose a state-mandated local program. 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. Existing law specifies the penalties for a violation of the Act, including imprisonment as a misdemeanor and specified fines. This bill would increase the penalties for violations of the Act, including making specified violations punishable as either a misdemeanor or as a felony. By increasing the punishment for 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.

(1) Existing law, the Lesbian, Gay, Bisexual, and Transgender Disparities Reduction Act, requires the State Department of Public Health, among other specified state entities, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation, gender identity, and intersexuality. This bill would replace the term "intersexuality" with the term "variations in sex characteristics/intersex status" and would make conforming changes to related provisions. Existing law, as an exception to the provision above, authorizes those state entities, instead of requiring them, to collect the demographic data under either of the following circumstances: (a) pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey; or (b) demographic data are collected by other entities, including other state agencies, surveys administered by third-party entities and the state department is not the sole funder, or third-party entities that provide aggregated data to a state department. This bill, notwithstanding the exception above, would require the State Department of Public Health to collect the demographic data from third parties, including, but not limited to, local health jurisdictions, on any forms or electronic data systems, unless prohibited by federal or state law. To the extent that the bill would create new duties for local officials in facilitating the department's data collection, the bill would impose a state-mandated local program. The bill would specify that the provisions above do not require (1) the State Department of Public Health to collect demographic data from an individual under 18 years of age, as specified, or (2) health care providers or other third parties to collect, disclose, or report information that is not voluntarily provided self-identification information pertaining to sexual orientation, gender identity, and variations in sex characteristics/intersex status (SOGISC) . Existing law requires the above-described state entities to report to the Legislature the data collected and the method used to collect the data, and to make the data available to the public, except for personally identifiable information. Existing law deems that personally identifiable information confidential and prohibits its disclosure. Existing law sets forth different deadlines, depending on the specified state entity, for complying with those requirements. This bill would require the State Department of Public Health, for purposes of the data collected by the department on SOGISC, to comply with the above-described requirements as early as possible but no later than March 28, 2029. (2) Existing law authorizes local health officers and the State Department of Public Health to operate immunization information systems. Existing law requires health care providers and other certain agencies, including schools and county human services agencies, to disclose specified immunization and other information about the patient or client to local health departments and the State Department of Public Health. Existing law authorizes local health departments and the State Department of Public Health to disclose most of that same information, as specified, to each other and to other entities. Existing law authorizes a patient or a patient's parent or guardian to refuse to permit recordsharing, as specified. Under existing law, the information that is subject to disclosure under those provisions includes, among other things, certain data on immunizations received, the patient's or client's date of birth, race and ethnicity, and gender. This bill would add the adult patient's or client's SOGISC and sex assigned at birth to the list of information subject to disclosure. Under the bill, a health care provider would only be required to disclose SOGISC information that is voluntarily provided by the patient or client. The bill would prohibit a health care provider from disclosing that information as it relates to any patient or client who is under 18 years of age. The bill would make conforming changes to the above-described provisions on data sharing. By expanding the duties of local officials with regard to disclosing demographic information to certain entities, the bill would impose a state-mandated local program. (3) The bill would require the State Department of Public Health to prepare an annual report concerning SOGISC data collected by the department. The bill would require the department to annually post and make available the report on the department's internet website and to annually submit the report to the Legislature, excluding any personally identifiable information. The bill would require the annual report to include, among other certain information, the department's efforts to collect, analyze, and report SOGISC data and, until fully implemented, the progress that the department has made in implementing recommendations set forth in a related 2023 report by the California State Auditor's Office. (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, 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. (5) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

Existing law requires the State Department of Education to incorporate age-appropriate materials relating to, among other things, genocide and the Holocaust into publications that provide examples of curriculum resources for teacher use, consistent with the subject frameworks on history and social science. Under existing law, the Legislature encourages the incorporation of survivor, rescuer, liberator, and witness oral testimony into the teaching of genocide and the Holocaust. This bill would establish the California Teachers Collaborative for Holocaust and Genocide Education, to be responsible for establishing a statewide teacher professional development program on genocide, including the Holocaust, for school district, county office of education, and charter school teachers. The bill would require the collaborative to consist of leading genocide and Holocaust education organizations and institutions, genocide survivors, educators, and community leaders. The bill would provide that the collaborative's mission is to ensure that genocide, including Holocaust, education is taught consistent with, among other things, the content standards, curriculum frameworks, and instructional materials adopted by the State Board of Education, in ways that are interdisciplinary and age-appropriate to pupils of different grade levels. The bill would prescribe the duties of the collaborative, including, among others, developing and providing curriculum resources on genocide and Holocaust education. The bill would authorize other duties of the collaborative, subject to available funding, including, among others, providing, as determined by the department, annual verbal or written reports to the department and the Legislature on the collaborative's achievement of its mission. The bill would make the implementation of these provisions contingent upon an appropriation.

The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law defines "entertainment zone" for purposes of the act as a zone created by ordinance on or after January 1, 2024, in the City and County of San Francisco, that authorizes consumption of one or more types of alcoholic beverages on public streets, sidewalks, or public rights-of-way adjacent to and during a special event permitted or licensed by the department. Existing law authorizes the City and County of San Francisco to establish an entertainment zone, subject to certain requirements, including providing specified information relating to the entertainment zone to the department and establishing a process or procedure by which persons in possession of alcoholic beverages in the entertainment zone may be readily identifiable as being 21 years of age or older. This bill would, instead, define "entertainment zone" as a zone created by a city, county, or city and county ordinance on or after January 1, 2025, that authorizes consumption of one or more types of alcoholic beverages on public streets, sidewalks, or public rights-of-way. The bill would additionally authorize any city, county, or city and county to establish an entertainment zone, subject to the above-described requirements. Before enacting an ordinance to establish or modify an entertainment zone, the bill would require a city, county, or city and county to notify local law enforcement and request feedback about specific information, including, among others, the entertainment zone's proposed boundaries and days and hours of operation. The bill would require a city, county, or city and county that establishes an entertainment zone, or its designated subordinate officer or body, to review the operation of the entertainment zone every 2 years following the adoption of the entertainment zone, as specified, and to make any reports produced during the review available to the department upon request. Existing law authorizes a licensed beer manufacturer, a licensed winegrower, and any on-sale licensee to permit consumers to leave the premises with open containers of alcoholic beverages for consumption off the premises within an entertainment zone, subject to certain conditions. Existing law specifies that a licensed beer manufacturer, a licensed winegrower, and any on-sale licensee whose privileges are restricted due to operating conditions or other statutory restrictions may be prohibited from exercising entertainment zone privileges that are contrary to their operating conditions. For this purpose, existing law requires any restrictions on the exercise of off-sale privileges to apply to the removal of alcoholic beverages from the licensed premises for consumption in the entertainment zone. This bill would, instead, prohibit any restrictions on the exercise of off-sale privileges from applying to the removal of open alcoholic beverages from the licensed premises for consumption in the entertainment zone. This bill would incorporate additional changes to Section 23358 of the Business and Professions Code proposed by AB 2177 to be operative only if this bill and AB 2177 are enacted and this bill is enacted last.

The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California's public and independent segments of higher education and their respective institutions of higher education. A provision of the act applies to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make the provision applicable. A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, provides, among other things, that all students have the right to participate fully in the educational process, free from discrimination and harassment, and that California's postsecondary educational institutions have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity. For purposes of the Equity in Higher Education Act, existing law defines "nationality" to include citizenship, country of origin, and national origin and defines "religion" to include all aspects of religious belief, observance, and practice, as provided. This bill would instead provide that California's postsecondary educational institutions have an affirmative obligation to combat discrimination on the basis of disability, gender, gender identity, gender expression, nationality or national identity, race or ethnicity, religion, sexual orientation, and other specified characteristics, and a responsibility to provide equal educational opportunity. For purposes of the Equity in Higher Education Act, the bill would instead define "nationality" or "national identity" to include a person's actual or perceived shared ancestry or ethnic characteristics, citizenship, or residency in a country with a dominant religion or distinct religious identity, as provided. For purposes of the Equity in Higher Education Act, the bill would define "discrimination on the basis of religion" to include, but not be limited to, anti-Semitism and Islamophobia. The bill would also state that it is the intent of the Legislature that each postsecondary educational institution undertake supportive measures to help students who have encountered discriminatory incidents, regardless of the location of the discriminatory incident, if the student feels the incident impairs their access to equal educational opportunities. This bill would require the California Community Colleges, the California State University, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and would request the University of California, to include training to address discrimination against the 5 most targeted groups in the state, as provided, as part of any general antidiscrimination training or diversity, equity, and inclusion training that is offered by the institution, except as specified. By imposing new requirements on community college 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, 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.