Asm. Matt Haney

The existing federal Indian Gaming Regulatory Act of 1988 provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution prohibits the Legislature from authorizing casinos of the type operating in Nevada and New Jersey and authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. Existing law, the Gambling Control Act, provides for the regulation, oversight, and licensure of gambling establishments by the California Gambling Control Commission. Existing law prohibits a list of specified gambling games or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or any representative of value, and provides that any person who offers for play or participates in these games is guilty of a misdemeanor and is punishable as specified. Existing law authorizes gambling establishments to operate controlled games utilizing a player-dealer position, as defined, and to contract with a third party for the provision of proposition player services subject to specified conditions and regulatory requirements. Existing law generally specifies the persons or entities that may bring a civil action as prescribed for relief. Existing law authorizes a court to grant a preliminary injunction or temporary restraining order at any time prior to judgment, if the verified complaint or affidavits provide sufficient grounds to do so and the opposing party has been given notice. This bill would authorize a California Indian tribe, under certain conditions, to bring an action solely against licensed California card clubs and third-party proposition player services providers to seek a declaration as to whether a controlled game operated by a licensed California card club and banked by a third-party proposition player services provider constitutes a banking card game that violates state law, including tribal gaming rights under the constitutional provisions described above, and to request injunctive relief. The bill would require that any review of such a challenge be conducted de novo. The bill would prohibit a claim for money damages, penalties, or attorney's fees and would require that actions be filed no later than April 1, 2025, as specified. The bill would clarify that it does not intend to authorize an action, or otherwise impose any liability, against the state and would prohibit a court from issuing a preliminary injunction or temporary restraining order under certain circumstances. This bill would provide that its provisions are severable.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law establishes, under the Medi-Cal program, the Family Planning, Access, Care, and Treatment (Family PACT) Program, administered by the Office of Family Planning within the department. Under Family PACT, comprehensive clinical family planning services are provided to a person who has a family income at or below 200% of the federal poverty level and who meets other eligibility criteria to receive those services. Existing law makes the Family PACT Program inoperative if the program is determined to no longer be cost effective, as specified. If the program becomes inoperative, existing law requires all persons who have received, or are eligible to receive, comprehensive clinical family planning services pursuant to Family PACT to receive family planning services under other specified provisions of the Medi-Cal program or under the State-Only Family Planning Program, which is also established within the department. Existing law requires enrolled providers in the Family PACT Program or the State-Only Family Planning Program to attend a specific orientation approved by the department and requires providers who conduct certain services to have prior training in those services. This bill would, for the Family PACT Program, require a site certifier of a primary care clinic or affiliate primary care clinic, as those terms are defined, to be a clinician who oversees the provision of Family PACT services and would authorize certain clinic corporations to enroll multiple, but no more than 10, service addresses under one site certifier. The bill would require any orientation or training that the department requires of a site certifier to comply with specified requirements, including, among others, being offered through a virtual platform and being offered at least once every other month. For purposes of both of the above-described programs, existing law requires the program to disenroll as a program provider any individual who, or any entity that, has a license, certificate, or other approval to provide health care that is revoked or suspended by a federal, California, or other state's licensing, certification, or other approval authority, that is otherwise lost, or that is surrendered while a disciplinary hearing is pending, as specified. This bill would authorize the department to elect to not disenroll an individual or entity as a program provider if the revocation, suspension, loss, or disciplinary hearing in another state is based solely on conduct that is not deemed to be unprofessional conduct under California law. Under existing law, a provider is subject to disenrollment if the provider submits claims for payment for the services, goods, supplies, or merchandise provided to a program beneficiary, by an individual or entity that has been previously suspended, excluded, or otherwise made ineligible to receive reimbursement from one of the above-described programs or from the Medi-Cal program and the individual has previously been on one of certain lists, as specified. Under this bill, a provider would not be subject to disenrollment under that provision if the sole basis for an individual's listing is conduct that is not deemed to be unprofessional conduct under California law. The bill would condition implementation of the disenrollment exceptions described in the 2 provisions above on receipt of any necessary federal approvals and the availability of federal financial participation.

Existing law establishes within the state government various commissions, including, but not limited to, the Commission on the State of Hate, the Commission on the Status of Women and Girls, and the California Commission on Disability Access. This bill would establish the LGBTQ+ Commission within the Governor's Office of Land Use and Climate Innovation. The bill would provide for the appointment of 9 members, appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules. The bill would require members of the commission to serve at the pleasure of the appointing power, to be appointed for terms of four years, except as specified, and to elect one of their number to serve as chairperson of the commission. The bill would authorize the commission to appoint officers from its membership and form advisory committees, as specified, in order to carry out and fulfill its duties, and require the commission to determine the powers and duties of appointed officers and advisory committee chairpersons. The bill would establish the goals of the commission, which would include, among other things, acting in an advisory capacity to the Legislature and the Governor on policy matters affecting the state's LGBTQ+ community and its members. The bill would require the commission to have the powers and authority necessary to carry out its duties, including conducting fundraising activities that may require a payment or purchase to attend. The bill would, commencing April 1, 2026, require the commission to convene quarterly meetings to identify the statewide needs of the LGBTQ+ community and to assist in implementing supportive policies and initiatives to address the needs of the LGBTQ+ community. The bill would require the commission to submit a report summarizing certain information and making specified policy recommendations to the Legislature and the Governor by January 1, 2028, and annually thereafter. The bill would establish the LGBTQ+ Commission Fund as a fund in the State Treasury to carry out the bill's provisions in support of the commission, upon appropriation by the Legislature in the annual Budget Act. The bill would require all moneys collected or received by the commission from gifts, bequests, or donation to, subject to the approval of the Department of Finance, be deposited in the treasury to the credit of the fund, as specified. The bill would authorize the commission to accept gifts and grants from any source, as specified, to help perform its functions, and to seek out funding and in-kind contributions from specified sources, including foundations, in order to carry out the work of the commission. Existing law, the Bagley-Keene Open Meeting Act, generally requires, with specified exceptions for authorized closed sessions, that the meetings of state bodies be open and public and that all persons be permitted to attend. This bill would specify that the act does not apply to, among other things, any fundraising event held or organized by the commission, provided that a majority of members of the commission do not hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the commission. The bill would repeal its provisions on January 1, 2035.

(1) Existing federal law, the Indian Child Welfare Act of 1978 (ICWA) , governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of the child's parent or guardian. Existing law states findings and declarations of the Legislature regarding Indian children, including that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with the ICWA, and it is in the interest of an Indian child that the child's membership or citizenship in the child's Indian tribe and connection to the tribal community be encouraged and protected, and requires the court to consider those findings in all Indian child custody proceedings. This bill would add to those findings and declarations by stating that the State of California is committed to protecting essential tribal relations by recognizing a tribe's right to protect the health, safety, and welfare of its citizens. The bill would also declare that provisions of the Family Code, Health and Safety Code, Probate Code, and the Welfare and Institutions Code that apply to an Indian child, as defined, are to be collectively known as the California Indian Child Welfare Act. (2) Existing provisions of state law govern child custody proceedings, adoption proceedings, dependency proceedings, including termination of parental rights, the voluntary relinquishment of a child by a parent, and guardianship proceedings. Existing law provides various definitions for these purposes, including "Indian child," as provided in the ICWA. This bill would define various terms, including "Indian child," consistent with provisions of the ICWA. The bill would also make conforming changes and cross-references throughout various provisions. (3) Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances, including when the child suffered or there is a substantial risk that the child will suffer serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of the child's parents or guardian. Existing law also requires a court, if removing a child from the parent's, guardian's, or Indian custodian's physical custody, to determine whether the child's placement complies with specified placement preferences for Indian children. Existing law requires, for all youth in foster care, a county social worker to create a case plan within a specified timeframe after the child is introduced into the foster care system. Existing law requires certain assessments to be included within the case plan, including, preplacement assessment of service needs and requires documentation that reasonable efforts have been made to prevent out-of-home placement. This bill would make changes throughout various code sections regarding placement of children to require that any placement of an Indian child complies with specified placement preferences. The bill would require a case plan to include, in the case of an Indian child, that the county welfare agency made active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and would require the agency to make active efforts, as defined, to reunite an Indian child with their family. By imposing additional duties on county employees, this bill would impose a state-mandated local program. (4) Existing law imposes a duty to inquire whether a child for whom various juvenile petitions have been filed may be an Indian child beginning with the initial contact of the party reporting child abuse or neglect, as specified. This bill would specify that a county welfare department or county probation department has a duty to inquire whether the child is or may be an Indian child when first contacted regarding a child. The bill would require a court presiding over any juvenile proceeding that could result in placement of an Indian child with someone other than a parent or Indian custodian, to inquire at the first hearing on a petition whether the child is, or may be, an Indian child, as specified. (5) Existing law permits the participation of child's tribe for a child is who involved in a dependency proceeding, who would be an Indian child except that the child's Indian tribe is not federally recognized. This bill would authorize a tribe described in these provisions to appear remotely. (6) Existing law requires the State Department of Social Services, upon an Indian tribe's request, to enter into an agreement with any Indian tribe, tribal organization, or tribal consortium in this state regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, as specified. The bill would authorize the State Department of Social Services to establish and administer programs designed to facilitate tribal participation in Indian child custody proceedings. (7) Existing law requires the State Department of Social Services to establish a full-time position to assist counties in complying with the ICWA, including by providing information and support regarding the requirements of laws, regulations, and rules of court in juvenile dependency cases involving a child who is subject to the ICWA. This bill would require the position within the department to assist the department and counties in compliance with the ICWA and would additionally require as part of support, the provision of technical assistance and support regarding state guidance applicable to Indian child custody proceeding and related matters. (8) Under existing law, in an Indian child custody proceeding, when it appears to the court that a parent or Indian custodian desires counsel but is unable to afford and hire counsel, the federal law and regulations authorizing the appointment of counsel applies, as specified. Federal law requires the appointment of counsel for the parent or Indian custodian in any removal, placement, or termination proceeding, in which the court determines the parent or Indian custodian is indigent. This bill would require the court to appoint counsel for the parent or Indian custodian when it appears to the court that a parent or Indian custodian in an Indian child custody proceeding cannot afford to hire counsel and desires to have counsel for the proceedings. (9) Existing law requires a county welfare department to take certain steps before making an emergency placement of a child, including conducting an in-home inspection to assess the safety of the home and ability of the relative or nonrelative extended family member to care for the child's needs. This bill would authorize a federally recognized tribe or tribal organization to approve homes for the purpose of emergency placement of an Indian child, as specified. (10) 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. (11) This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages to include construction, alteration, demolition, installation, or repair work done under contract and paid for using public funds, except as specified. Existing law defines "paid for in whole or in part out of public funds" to include, among others, projects that involved transfer by the state or political subdivision of an asset of value for less than fair market price or projects where the money loaned by the state or political subdivision will be repaid on a contingent basis. Existing law makes a willful violation of laws relating to the payment of prevailing wages in public works a misdemeanor. Commencing January 1, 2026, this bill would expand the definition of paid for in whole or in part out of public funds to include projects paid using credits against a tax, including certain low-income housing tax credits. The bill would also exempt from public works provisions, private residential projects built on private property when the public funds are less than $3,000,000 for a project that is the acquisition or rehabilitation of a specified residential project. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would make the bill's provisions operative only if AB 3160 of the 2023–24 Regular Session is enacted and takes effect on or before January 1, 2025, and would repeal those provisions on January 1, 2031. (2) 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 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 health insurers by the Department of Insurance. Existing law requires a group or individual nongrandfathered health care service plan contract or health insurance policy to provide coverage for, and prohibits a contract or policy from imposing cost-sharing requirements for, specified preventive care services and screenings. This bill would prohibit a group or individual nongrandfathered health care service plan contract or health insurance policy issued, amended, or renewed on or after January 1, 2025, from imposing a cost-sharing requirement for items or services that are integral to the provision of the above-described preventive care services and screenings. The bill would require those contracts and policies to cover items and services for those preventive care services and screenings, including home test kits for sexually transmitted diseases and specified cancer screenings. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. The bill would authorize the Insurance Commissioner to impose a civil penalty of not more than $5,000 against an insurer for each violation of these provisions, or not more than $10,000 per violation if the violation was willful. 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 Department of Transportation to improve and maintain the state's highways, and establishes various programs to fund the development, construction, and repair of local roads, bridges, and other critical transportation infrastructure in the state, including the state highway operation and protection program (SHOPP) . Existing law requires the department, in consultation with the California Transportation Commission, to prepare a robust asset management plan to guide selection of projects for the SHOPP. Existing law requires the commission, in connection with the plan, to adopt targets and performance measures reflecting state transportation goals and objectives. Existing law requires the department to develop, in consultation with the commission, a plain language performance report to increase transparency and accountability of the SHOPP. This bill would require the targets and performance measures adopted by the commission to include targets and performance measures reflecting state transportation goals and objectives for complete streets assets that reflect the existence and conditions of bicycle, pedestrian, and transit priority facilities on the state highway system. The bill would require the department's plain language performance report to include a description of complete streets facilities, including pedestrian, bicycle, and transit priority facilities on each project, as specified. The bill would require the department to commit to specific 4-year targets to incorporate complete streets facilities, including pedestrian and bicycle facilities, into projects funded by the SHOPP, as specified. (2) Existing law creates transit districts in designated areas throughout the state and authorizes the use of various vehicles for the purpose of public and private transit. Existing law authorizes transit buses and other transit vehicles to operate on state highways. This bill would require the Director of Transportation to adopt a transit policy to guide the implementation of transit priority facilities and transit stops on the state highway system, as specified. The bill would require the department to adopt, on or before July 1, 2027, guidance that defines transit performance measures and identifies the department's responsibilities in supporting transit vehicles on the state highway system, as specified. (3) Existing law requires the department to prepare a State Highway System Management Plan (SHSMP) , which includes a 10-year state highway system rehabilitation plan for the rehabilitation or reconstruction by the SHOPP of all state highways and bridges, as provided. Existing law requires the SHSMP to include specific quantifiable accomplishments, goals, objectives, costs, and performance measures consistent with the asset management plan described above. Existing law requires the SHSMP to be updated every 2 years. This bill would expressly require the SHSMP to also include specific quantifiable accomplishments, goals, objectives, costs, and performance measures for complete streets facilities and transit priority facilities, as specified. (4) Existing law authorizes the department to issue encroachment permits and requires the department to either approve or deny an application from an applicant for an encroachment permit within 60 days of receiving a completed application, as provided. This bill would require the department, on or before January 1, 2027, to develop and adopt a project intake, evaluation, and encroachment permit review process for complete streets facilities that are sponsored by a local jurisdiction or a transit agency. The bill would require the department to produce a report regarding project applications submitted through this process, as specified. The bill would require the department to designate an encroachment permit manager in each district to ensure that applications for complete streets facilities are reviewed in accordance with the process, as specified.

Existing law requires, except as provided, that a person who, without supervision, installs, services, repairs, or tests a conveyance be certified by the Division of Occupational Safety and Health as a certified competent conveyance mechanic. Existing law requires the division to establish requirements for certified competent conveyance mechanic applicants that require, among other things, 3 years' work experience in the conveyance industry, as specified. Existing law makes these and other provisions governing conveyances inapplicable to conveyances installed in private residences, as specified. Existing law makes certain violations of these provisions a crime, as specified. This bill would remove the exception for conveyances installed in private residences generally applicable to the provisions governing conveyances, but would maintain the exception for platform lifts and stairway chairlifts installed in a private residence specific to the above-described certification provisions revised as described below. By expanding the definitions of certain crimes related to conveyances, this bill would impose a state-mandated local program. The bill would require a person who, without supervision, constructs, services, repairs, or tests a conveyance to be certified by the division as a certified competent conveyance mechanic, as specified. The bill would increase the amount of work experience in the conveyance industry that an applicant must have to 4 years. The bill would authorize a person, except as provided, to install, service, repair, or test a conveyance under the supervision of a certified competent conveyance mechanic at a 1 to 1 ratio if they meet one of 2 sets of criteria. One criteria would require the person to be employed by a certified qualified conveyance company, enrolled in an elevator apprenticeship program, and certified as a competent conveyance apprentice by the division, as specified. The other criteria would require the person to have applied for certification as a limited certified competent conveyance mechanic on or after January 1, 2024, and before January 1, 2026, to have at least one year of specified work experience on private residence elevators, and to have passed a specified examination administered by the division. The bill would make these provisions operative on July 1, 2025. This bill would provide that the provisions governing conveyances do not require the division to conduct inspections of residential conveyances. 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 that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Existing law requires the body awarding a contract for a public work to obtain from the director the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is to be performed, and the general prevailing rate of per diem wages for holiday and overtime work, for each craft, classification, or type of worker needed to execute the contract. Under existing law, if the director determines during any quarterly period that there has been a change in any prevailing rate of per diem wages in a locality, the director is required to make that change available to the awarding body and their determination is final. Commencing July 1, 2026, this bill would, until January 1, 2031, instead require the director, if the director determines during any semiannual period that there has been a change in any prevailing rate of per diem wages in a locality, to make that change available to the awarding body and that decision would have exceptions to its finality, including authorizing a contractor, awarding body, or representative to file a petition to review the director's determination. The bill would provide that the director's determination would apply to any public works contract for which notice to bidders is published, after July 1, 2026, that meets certain requirements. Existing law requires the Labor Commissioner to investigate allegations that a contractor or subcontractor violated the law regulating public works projects, including the payment of prevailing wages. Existing law requires each contractor and subcontractor on a public works project to keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the contractor or subcontractor in connection with the public work. Existing law requires any copy of records made available for inspection as copies and furnished upon request to the public or any public agency to be marked or obliterated to prevent disclosure of an individual's name, address, and social security number but specifies that any copy of records made available to a Taft-Hartley trust fund for the purposes of allocating contributions to participants be marked or obliterated only to prevent disclosure of an individual's full social security number, as specified. Existing law makes any contractor, subcontractor, agent, or representative who neglects to comply with the requirements to keep accurate payroll records guilty of a misdemeanor. Commencing July 1, 2026, this bill would require jobsites to give reasonable access, as defined, to representatives of a joint labor-management committee in order to monitor compliance with the prevailing wage and apprenticeship requirements. The bill would exempt an awarding body, owner, contractor, or subcontractor from liability for any violations of safety guidelines caused by a committee's representative. The bill would authorize the committee to bring an action against an awarding body, contractor, or subcontractor that willfully denies the committee's representative reasonable access. This bill would authorize, if a contractor or subcontractor fails to make payroll records available for inspection by the Labor Commissioner within a specified period, the imposition of certain penalties.

Existing law authorizes the operation of an autonomous vehicle on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle operated if specified requirements are satisfied. Existing law prohibits the operation of an autonomous vehicle on public roads until the manufacturer submits an application to the Department of Motor Vehicles, as specified, and that application is approved. This bill would require a manufacturer of an autonomous vehicle to report to the department a collision on a public road that involved one of its autonomous vehicles with a gross vehicle weight of 10,001 pounds or more that is operating under a testing or deployment permit that resulted in damage of property, bodily injury, or death within 10 days of the collision. The bill would require a manufacturer of an autonomous vehicle to annually submit to the department specified information regarding the deactivation of the autonomous mode for its autonomous vehicles with a gross vehicle weight of 10,001 pounds or more that were operating under a testing or deployment permit that authorized the vehicle to operate on public roads. The bill would prohibit the operation of an autonomous vehicle with a gross vehicle weight of 10,001 pounds or more on public roads for testing purposes, transporting goods, or transporting passengers without a human safety operator physically present in the autonomous vehicle at the time of operation. The bill would require the Department of Motor Vehicles, by January 1, 2030, or 5 years after commencement of testing, whichever occurs later, and upon appropriation by the Legislature, to submit a report to the appropriate policy and fiscal committees of the Legislature evaluating the performance of autonomous vehicle technology and its impact on public safety and employment in the transportation sector for autonomous vehicles with a gross vehicle weight of 10,001 pounds or more. The bill would require the Department of the California Highway Patrol, the Labor and Workforce Development Agency, the Department of Transportation, the State Air Resources Board, and other relevant state agencies to provide additional information needed to research the report.